managing a valuable resource: policy notes on increasing...
TRANSCRIPT
Report No: ACS15507
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Managing a valuable resource: Policy notes
on increasing the sustainability of the DRC’s
forest production
. December 2015
. GEN07
AFRICA
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This report was edited by Julian Lee (Environmental Specialist, GEN07).
Standard Disclaimer:
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ContentsContentsContentsContents
Introduction .......................................................................................................................... 5
Setting the Context: An Overview of the State of the DRC’s Forest Sector ........................... 10
1. Introduction ............................................................................................................. 10
2. Socio-Economic Context ........................................................................................... 10
3. The role of forests in the DRC’s economy ................................................................. 11
4. State of the DRC’s Forests ......................................................................................... 17
5. State of the Forest Industry ...................................................................................... 24
6. Governance .............................................................................................................. 30
7. Conclusions .............................................................................................................. 32
Policy Note 1: Framework Conditions .................................................................................. 34
1. The Moratorium on Issuing Concessions ................................................................... 34
2. Revenue Generation ................................................................................................. 38
3. Artisanal Logging ...................................................................................................... 41
4. Zoning ...................................................................................................................... 45
5. Conclusions .............................................................................................................. 46
Policy Note 2: Community Forestry ..................................................................................... 48
1. Introduction ............................................................................................................. 48
2. Background to Community Forestry in the DRC ........................................................ 48
3. Evolution of the Legal and Regulatory Framework for Community Forestry ............. 49
4. Approaches to the Implementation of Decentralized Forestry .................................. 50
5. Impact Assessment of the Three Scenarios ............................................................... 53
6. Recommendations for Maximizing Gains and Minimizing Risks ................................ 54
7. Conclusion ................................................................................................................ 57
Policy Note 3: Illegal Logging ............................................................................................... 59
1. Illegal Logging ........................................................................................................... 59
2. Short-Term Priorities for Monitoring Forest Products ............................................... 61
3. Monitoring Strategies ............................................................................................... 62
4. Lessons Learned from the Timber Production Monitoring and Commercialization
Program (PCPCB) ............................................................................................................. 63
5. Proposals for Tracking Legal Wood ........................................................................... 64
6. Conclusion ................................................................................................................ 66
Conclusion .......................................................................................................................... 68
Bibliography ........................................................................................................................ 70
3
List of Boxes
Box 1: The model that underlies the calculations in this series ............................................ 15
Box 2: Understanding the terminology of deforestation ...................................................... 18
Box 3: The PROFOR Governance Assessment ...................................................................... 31
List of Tables
Table 1: Summary of priority actions ..................................................................................... 7
Table 2: Forestry taxes paid and forestry taxes as percentage of subsector value ............... 14
Table 3: Future demand and production in RWE volumes ................................................... 17
Table 4: Aggregate wood consumption and production in the DRC. .................................... 20
Table 5: Scenarios for community forestry in the DRC ......................................................... 51
Table 6: Summary of impacts of the three community forestry scenarios ........................... 53
Table 7: The legal framework on forests .............................................................................. 59
Table 8: Forest product categories to be monitored ............................................................ 66
List of Figures
Figure 1: Gross forest loss in the DRC 2001-2012 (ha). ........................................................ 19
Figure 2: Cumulative gross tree cover loss (%, >30% canopy cover, 2001-2013 Period) ....... 19
Figure 3: Wood consumption and production shares in the DRC ......................................... 20
Figure 4: Projected wood consumption in DRC .................................................................... 21
Figure 5: Projected annual net tree cover loss rates (%, >30% canopy density, exponential
projection) .......................................................................................................................... 23
Figure 6: Percentage of lowland dense moist forest under concession management. ......... 25
Figure 7: Log production in the DRC .................................................................................... 27
Figure 8: Log production in Central Africa ........................................................................... 27
Figure 9: Destination markets for DRC log exports. ............................................................. 29
List of Acronyms
ACIBO Permis annuel de coupe industrielle de bois d'œuvre, annual industrial
sawn-wood permit
DCVI Direction du Contrôle et de la Vérification Interne, Internal Monitoring
and Verification Directorate
DGRAD Direction générale des recettes administratives, Directorate general of
administrative receipts
DRC Democratic Republic of the Congo
EU European Union
FCPF Forest Carbon Partnership Facility
FIB Fédération des Industriels du Bois, Federation of Wood Industries
FNCP Forest and Nature Conservation Project
GDP Gross domestic product
IDA International Development Association
MECNDD Ministère de l’environnement, de la conservation de la nature, et du développement durable, Ministry of Environment, Nature Conservation
and Sustainable Development
NTFP Non-timber forest products
OCC Office Congolais de Contrôle, Congolese Control Office
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OGF Observatoire de la Gouvernance Forestière, Independent Forest
Governance Observatory
OI-FLEG Observateur indépendant FLEG, Independent Forest Law Enforcement
and Governance Observer
PCA Permis de coupe artisanale, artisanal felling permit
PCPCB Programme de Contrôle de la Production et de la Commercialisation des Bois, Timber Production and Commercialization Monitoring Program
FNCP Projet forêts et conservation de la nature, Forest and Nature
Conservation Project
PPP Purchasing power parity
REDD+ Reducing Emissions from Deforestation and Forest Degradation
RWE Round wood-equivalent
SGS Société Générale de Surveillance
SIGEF Système informatique de gestion forestière, Computerized Forest
Management System
USD United States dollar
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IntroductionIntroductionIntroductionIntroduction
1. This set of policy notes takes stock of the evolution of the policy, social, economic
and physical context of the productive forest sector of the Democratic Republic of the
Congo (DRC) since the Bank’s landmark 2007 study on the sector (Debroux et al. 2007),
making that information available to all interested parties as a common basis for discussion.
It is intended to help the government make strategic decisions and propose an agenda for
the forest sector’s regulatory and institutional reform over the coming years.
2. The DRC’s forests constitute one of its greatest natural resources. Covering about
half of the country—nearly 150 million hectares—they provide, among others, foreign
exchange earnings, employment, timber, fuel wood, non-timber forest products, and
environmental services of local and national importance, in addition to carbon
sequestration of global importance. Representing some seven percent of the world’s
tropical forest surface, they are also a significant source of income and asset generation for
many of the 59 percent of the country’s population that live in rural areas, among them
many of the country’s poorest (Wunder et al. 2014).
3. However, the DRC’s forest sector faces severe challenges: Forests are currently
rarely managed sustainably, such that deforestation and forest degradation have
accelerated. While this means that substantial areas of forests are lost annually, the DRC’s
forests are far from achieving their potential to contribute to national development,
including delivering on their substantial poverty reduction potential. State revenues from
the formal forest sector are significantly below formally assessed rates, and informal logging
dominates the sector. A timber processing industry of sufficient capacity to serve even the
domestic market is virtually nonexistent, such that very little value is added domestically.
The forest sector faces significant governance challenges. Given the country’s size, broader
governance shortcomings, and the Ministry of Environment, Nature Conservation, and
Sustainable Development (MECNDD)’s limited budget, the government’s control over
forests is extremely limited. The country’s resulting low level of forest governance, in
addition to having detrimental effects on the sustainability of the sector and depressing its
contribution to gross domestic product (GDP), also poses significant risks to ongoing efforts
to establish Reducing Emissions from Deforestation and Forest Degradation (REDD+)
programs.
4. The DRC has nevertheless made some important progress on its forest governance
over the last years. This includes the conversion of 80 concession titles, 57 of which have
been retained and have short-term management plans and social clauses attached to them.
Further, an independent forest sector watchdog has been able to uncover improprieties and
have them be addressed by the government in a limited way. Progress – albeit slow – has
also been made in equipping the 2002 Forest Code with decrees enabling its
implementation.
6
5. At the same time, the DRC does not currently have a forest policy, which results in a
lack of strategic direction for the sector. This is not helped by the fact that the political
attention the sector receives remains low owing to its comparatively limited current
revenue generation. In the face of a rapidly growing population, swift economic growth, and
improving infrastructure, pressures on the DRCs forests will only continue to increase,
highlighting the urgency of improving control over the sector (Megevand et al. 2013). The
DRC’s extremely low levels of human development and economic development imply that
the country can no longer afford to let languish the potential for this resource’s
contributions to the country’s development.
6. In other words, the DRC is at a crossroads. The new community forest decree
(August 2014), ongoing land reform initiatives, land-use zoning/planning, and the possible
development of various emission reductions programs under REDD+, are all likely to have a
significant impact on the forest cover and on forest-dependent communities. It is thus of
critical importance to comprehensively assess the challenges for forest governance in DRC.
7. In the absence of a national forest policy, the Policy Notes take the stance that the
country’s forest resources should 1) be utilized sustainably, striking an appropriate balance
between conservation and income and wealth generation with a view to ensuring a flow of
benefits over the long term, 2) benefit local populations with due regard to the rights and
interests of disadvantaged segments of society, including indigenous peoples, and 3)
increase their contribution to national development through productive uses and innovative
financing mechanisms, including REDD+.
8. In addition to taking stock of the DRC’s forest sector (Setting the Context), this set of
policy notes therefore builds on lessons learnt under the IDA-funded Forest and Nature
Conservation Project (FNCP) to recommend a way forward in three broad areas:
1) Policy Note 1 presents options for regulating informal and semi-formal timber
harvesting in an effort to increase government revenues, control unsustainable
logging practices, reduce options for abuse of the artisanal logging permit system,
ensure greater benefits to communities, resolving key legal and institutional issues,
including the 2005 moratorium on new concessions, and engaging in macro-zoning
and spatial planning to reduce conflicts over land use.
2) Policy Note 2 presents options to raise the forest sector’s contribution to poverty
reduction and shared prosperity by evaluating the options currently being discussed
for community involvement in forestry operations.
3) Policy Note 3 presents options for developing cost-effective avenues for increasing
the legality of wood production.
9. The policy notes focus on the productive forest sector, and primarily on wood
production. The artisanal sector was included for analysis as it constitutes the near-entirety
of wood production in the country. It has significant potential for improving its contributions
to national development and its sustainability. The industrial sector, on the other hand,
provides the sector’s main current flow of financial resources for the government.
Optimizing this amount should be a priority both for improving oversight – and therefore
sustainability – and its financial viability. In the longer term and given substantial reforms,
7
this part of the sector could also increase its share to national development. However,
ensuring legality across all parts of wood production is a significant challenge, and must be
phased appropriately. Without it, the sustainability of production cannot be increased, and
several connected forest management efforts – including those under the REDD+ process –
will be significantly harder to achieve. Moreover, an adequate flow of benefits to local
populations must be ensured. Finally, many stakeholders are pinning substantial hopes on
community forestry as a vehicle for increasing forests’ benefits for local populations. While
this potential does indeed exist, it is important that the design allows local communities and
indigenous populations with legitimate claims to the forest estate to benefit appropriately,
while minimizing the potential for abuse.
10. The Policy Notes identify and detail a series short-term (1-3 year time horizon) and
long-term (3-5 year time horizon) policy priorities in selected key domains. These are
summarized in the following table:
Table 1: Summary of priority actions
Topic Short-Term Action Long-Term Action
Moratorium - Ensure that the legal
requirements for lifting the
moratorium are fulfilled
- Develop a policy framework with
clearly stated sustainability and
poverty reduction objectives and
criteria to analyze the
opportunities, constraints, and
risks of lifting the moratorium
- Apply the policy framework on
the moratorium
- Develop and implement a
system that can credibly ensure
the sustainable use of any new
concessions
Revenue
Generation
- Simplify the tax regime by
reducing the number of taxes
and collection agencies, consider
instituting one-stop shops for
payments
- Move tax collection points
further downstream in the value
chain
- Review the level of fines in the
sector
- Clarify the legal basis of certain
taxes
- Disseminate information about
the tax regime
- Facilitate the expansion of the
Extractive Industries
Transparency Initiative to the
forest sector
- Analyze the possibility of
creating an arms-length, self-
- Increase the proportion of
MECNDD staff dedicated to law
enforcement, decentralize their
operational bases, and improve
their working conditions
- Develop a publicly accessible,
audited tracking system for
forest-related taxes and fees
- If appropriate following
analysis, create an arms-length,
self-financing oversight body for
the forest sector
8
financing oversight body for the
forest sector
Artisanal
Logging
- Clarify the legal authority for
issuing artisanal permits
- Review fee levels for artisanal
permits and decentralize their
issuance
- Publicize official tax and fee
rates
- Evaluate changing the basis for
artisanal permits from the area
harvested to the volume
harvested
- Subdivide the artisanal logging
category to accommodate the
varying scales of production, and
institute gradually more
stringent requirements with
mounting volumes
- Institute a standardized social
responsibility contract for larger
artisanal producers
- Allow the use of mobile saws in
artisanal logging
- Limit exports to products of
legal origin
- Organize artisanal producers
into associations or
cooperatives
Zoning
- Continue micro-zoning efforts
locally
- Harmonize sectoral laws with the
2006 constitution to facilitate
land-use planning
- Commence a macro-zoning
process in pilot areas
- Initiate land-use planning,
commencing with pilot areas
Community
Forestry
- Develop overriding policy goals
for decentralized forestry
- Organize an inclusive discussion
to reconcile the views of
proponents favoring forestry
approaches based on
decentralized territorial entities
and those favoring communities
as a basis
- Select one or several approaches
to decentralized forestry
- Test the approach(es) chosen in
pilot sites
Illegal
Logging
- Limit exports to products of legal
origin
- Improve the granting of logging
permits
- Apply lessons from pilot areas
and increase the scope of
control
9
- Institute control of legality of
fuel wood for processing units
and major transport axes in a
pilot area
- Develop a timber tracking
system in a pilot area, learning
the lessons from past experience
11. The topics in this set of Policy Notes are not intended to ensure comprehensive
coverage of all issues related to forests, but rather to identify key intervention areas with
significant potential impacts on the forest stock and the well-being of forest-dependent
people. Thus, the Notes do not cover important sources of forest-derived wealth such as
biodiversity and its conservation, or non-timber forest products. Furthermore, aspects
relevant to REDD+, including addressing the effects on forests of subsistence agriculture and
of fuel wood consumption, are covered in numerous studies and approaches funded under
that process, including with financing from the Forest Carbon Partnership Facility, the Forest
Investment Program, and the UN-REDD Program. More detailed lessons from the FNCP are
the subject of a World Bank implementation completion report.
12. It is clear that the DRC does not have the means to tackle this agenda by itself. The
substantial REDD+ financing the DRC has access to presents a significant opportunity to
achieve some of the reforms and investments proposed in this study. The DRC’s REDD+
National Investment Framework 2015-2010, and its derivate National Investment
Framework that has been submitted to the Central African Forest Initiative (CAFI), outline
many of the investments needed to increase the sustainability of the country’s forest sector.
Indeed, the REDD+ process has also functioned as an important locus for policy dialogue,
through which it found its way into multi-sector dialogue fora, such as the Economic
Governance Matrix. With REDD+ constituting by far the most important financing
instrument for the DRC’s forest sector, the country is well advanced in planning its priority
investments. Nevertheless, current investment planning suggests that REDD+ resources in
and of themselves will be insufficient for achieving the recommendations of this report. The
government and donors are thus called upon to investigate opportunities for additional
financing for the sector.
13. The evolution of the DRC’s forests depends on a significant shift of the status quo –
among producers and the government – which is leading to the accelerated depletion of the
forest stock. The proposals in this set of Policy Notes are intended to contribute to that
shift. Their realization depends on a recognition of the role forests play in the country’s
development and in the lives of many of its poorest inhabitants, and in a resulting
willingness to change the way of doing business in the forest sector, led by the highest levels
of government.
10
Setting theSetting theSetting theSetting the Context: An Overview of the State of the DRC’s Forest Context: An Overview of the State of the DRC’s Forest Context: An Overview of the State of the DRC’s Forest Context: An Overview of the State of the DRC’s Forest
SectorSectorSectorSector
Julian Lee, Lisa Hubert (FAO)
1.1.1.1. IntroductionIntroductionIntroductionIntroduction
14. This overview chapter serves to set the context for the three policy notes on the
DRC’s forest sector in this volume. It provides a comprehensive analysis of the formal and
informal sectors, and estimates the economic role of the sector beyond what previous
studies have done to date. It first briefly sets the development context of the sector, then
presents the results of an economic modeling exercise to assess the sector’s current
economic, employment and revenue contributions; portrays deforestation trends; analyzes
the actors in the forest sector; makes forecasts of future wood supply and demand; and
lastly summarizes the sector’s governance situation.
15. The economic value of the DRC’s forests is often underestimated. This results from
significant data gaps, the fact that many studies estimating the economic activities focus on
only one section of forest production (e.g., industrial logging, artisanal logging, or fuel
wood), that they are frequently limited in geographical scope, and the inherent difficulty in
calculating some economic values (especially ecosystem services).
16. This chapter seeks to overcome some of these limitations by combining the most
rigorous of the sectoral analyses carried out to date into a single model. The model then
carefully extrapolates their findings to achieve broader geographic and sectoral coverage.1
The model produces a fuller picture of the economic importance of the DRC’s forests than
was previously available. It further enables us to present predictions of future trends in
terms of wood demand and consumption, as well as its impacts on the forest stock. The
analysis conducted builds on a two-fold approach that analyses both supply- and demand-
side data to bridge data gaps and triangulate information. All results provided are for 2010,
the last year for which relatively complete data were available across the various themes
analyzed. This approach was chosen to allow for comparability across sub-sectors. It is fair
to assume that, given the broad lack of forest governance in DRC, current figures are in
most, if not all respects, worse than those calculated for 2010. While the availability of
reliable and detailed data on the forest sector in the DRC remains a major obstacle to
accuracy, orders of magnitude can be derived using this approach. Although the model is
not an econometric one, and it thus has important limitations in terms of the varying
respective influences on supply and demand, it does permit the derivation of broad trends.
2.2.2.2. SocioSocioSocioSocio----Economic ContextEconomic ContextEconomic ContextEconomic Context
17. The DRC faces a challenging development context, with the 2014 Human
Development Index placing the country 186th of 187 countries. GDP per capita is very low, at
US$ 484 per year (current US$), or US$ 809 at purchasing power parity (PPP) – by both
1 The paper describing the model and its methodology, limitations, assumptions, and results in detail is
included in Annex 1 of this compendium.
11
measures, the DRC is one of the very poorest countries in the world. GDP per capita growth
has been quite strong (4.5% annual average 2010-2013), but since a sizeable portion of this
has been driven by the mining sector, whose profits are mainly repatriated by foreign
companies, the contribution to poverty reduction other than through government revenue
generation is assumed to be limited. Thus the poverty rate using national the poverty line
stood at 63.6% in 2012, with levels slightly higher in rural areas (64.9%) than in urban ones
(61.6%) (all figures from World Bank 2015). However, when using a poverty line of US$
1.25/day at PPP, the poverty rate is estimated at 87.7% (data from UNDP 2014). Income
inequality in the DRC is relatively high, with the latest available Gini coefficient (2006) of 44.
18. The majority—58%—of the DRC’s 67.5 million inhabitants live in rural areas. The
population is growing rapidly at 2.7%, and urban population growth (4%) outpaces rural
population growth (1.8%) (World Bank 2015). Combined with rural-urban migration, this
reflects an urbanization trend in which Congolese cities are gaining approximately 0.5% of
the country’s total population each year (based on UN-DESA Population Division 2014).
19. Economic growth has been brisk for the last few years, averaging 7.4% in between
2010 and 2013. Tax revenues are low at 13% of GDP, limiting the government’s fiscal space
and its ability to invest in development while simultaneously maintaining macroeconomic
stability (World Bank Group 2014). The government’s budget was US$ 8.02 billion in 2014
(Ministère du budget 2014), but budget execution rates were low at 49.5%.
20. In short, poverty in the DRC is extremely high and persistent, rural populations are
particularly affected, and the government’s ability to invest in poverty reduction is limited.
3.3.3.3. The role of forests in the DRC’s economyThe role of forests in the DRC’s economyThe role of forests in the DRC’s economyThe role of forests in the DRC’s economy
a.a.a.a. Economic valueEconomic valueEconomic valueEconomic value
21. Based on a model constructed for the purposes of this study (see p. 152), we
estimate the total value of the forest sector—round wood, sawn wood, and energy wood—
to be around US$ 1.77 billion per year.3 This represents 8.2% of GDP. Formal wood
production (industrial + formalized artisanal) accounts for around 0.37% of GDP in 2010
(US$ 80 million), of which 0.33% and 0.04% are from industrial concessions and artisanal
permits, respectively. Informal wood production (including wood fuels) is valued at US$ 1.69
billion and represents 96% of total sector value (7.8% of GDP).
22. This figure could be higher yet if more value were added locally. However, over the
years, some 85% of legally exported wood has been in the form of logs (authors’ calculation
based on de Wasseige et al. 2014). The low local value added can in large part be traced
back to the general difficulty of doing business in the DRC: the country ranked 184th out of
2 All quantitative analytical results presented in this study not otherwise attributed to specific sources rely on
outputs of this model. 3 Given the assumptions necessary to arrive at these numbers, we carried out a sensitivity analysis. The biggest
impact on the value of the sector stems from per capita consumption rates of wood fuel and sawn wood (just
over 1:1), followed by changes in domestic market prices (1:0.75).
12
189 countries in the most recent Doing Business report, notwithstanding significant reform
progress over the previous year (World Bank 2014).
23. Not included in the above estimate of the overall sector value due to the difficulty in
obtaining reliable data are: bushmeat, estimated to be about US$ 740 million (Valimahamed
2014); some US$ 8 billion in other forest foods; medicines, materials and implements
(Debroux et al. 2007); as well as watershed protection valued between US$ 0.1 and 1 billion
(ibid.) , and other ecosystem services. The carbon resources stored in the DRC’s forests –
19.6 billion tons of carbon or 71.9 billion tons of CO2e in living forest biomass (FAO 2011) –
have a value of US$ 360 billion when using a shadow carbon price of US$ 5 per ton of CO2e.
REDD+ pre-investment and investment projects valued at several hundred million dollars
are currently seeking to capitalize on this wealth. In addition, the cultural value of forests is
not accounted for.
24. The forest sector – in particular industrial forestry – also plays an indirect role in
supporting rural economies that is not accounted for in the model. For example, barges
operated by forest companies are frequently the only commercial link to urban centers,
representing an important trade link (Fétiveau and Mpoyi Mbunga 2009). In addition, the 57
social contracts concessionaires have signed provide US$ 13 million in direct contributions
to local communities over the first four years of their operation. Other indirect multiplier
effects are also not included in our estimate. It is important to note that much of these
revenues accrue in rural areas where other sources of economic activity are limited.
b.b.b.b. EmploymentEmploymentEmploymentEmployment and Poverty Reductionand Poverty Reductionand Poverty Reductionand Poverty Reduction
25. Although there is only scarce information on employment per subsector, a
conservative estimate across all subsectors evaluates at 519,000 the number of full-time
equivalent jobs in forestry.4 The formal forest sector’s share in this is estimated to be about
13,250, which represents 3% of total sector employment, and 4% of formal employees in
the country (authors’ calculation based on data reported in EITI DRC 2014). Overall, the
forest sector represents around 2.13% of the economically active population5 in the DRC.
For comparison, the mining sector’s formal employment at 78,000 (EITI DRC 2014) is larger
than that of the formal forest sector, however the informal sector employs similar numbers
of people in both sectors. The wood fuel subsector constitutes the majority of the forest
sector’s employment, at 90%. The decentralized nature of the sector means that this
employment is generated in rural areas where few alternative jobs exists, increasing their
relative value.
26. The large proportion of the DRC’s population that lives in rural areas and the high
levels of rural poverty bestow a particular importance on forests. In the primary forest
provinces, a clear majority of the population lives in rural areas: 69.3 percent in Bandundu,
69.5 percent in Equateur, 75.1 percent in Maniema, and 69.8 percent in Orientale. Rural
poverty rates in these provinces are high: 75 percent in Bandundu, 74 percent in Equateur,
4 This estimate excludes collection of rural fuel wood supplies, which would add significantly to this number. 5 Population available to work (employed and unemployed working age population).
13
69.7 percent in Maniema, and 53.5 percent in Orientale (all figures from World Bank
forthcoming).
27. Forest-based income and asset generation play an important role for the rural poor:
They support consumption, constitute a safety net in response to shocks, and can play a role
in households' efforts to construct a pathway out of poverty. While forest dependence and
income are commonly negatively related, forests play an important role in wealth creation
including for wealthier households (Nielsen et al. 2012). Unsustainable forest management
therefore poses a challenge for the rural poor.
c.c.c.c. Government RevenuesGovernment RevenuesGovernment RevenuesGovernment Revenues
28. One of the most important information gaps in the DRC’s forest governance is on the
tax revenues generated. The taxation regime is so complex that it is difficult to obtain a
clear picture of how many taxes and fees a forest company needs to pay. A study by the
industrial forestry trade association puts the number at 108 along the supply chain
(Fédération des Industriels du Bois, n.d.).
29. Our model tries to estimate the revenues from taxes and fines by triangulating the
following data: (i) taxes paid by the formal and informal6 subsectors based on field data
from empirical studies; (ii) taxes and fines collected (CTR 2012); and (iii) taxes due for the
subsector where no other source of information was available. Nevertheless, it is important
to stress that our results are only a rough estimate. On this basis, the formal forestry taxes
paid at all levels are around US$ 54 million. This represents only 3% of the revenues
generated in the sector, which is due in part to the fact that the vast majority of forestry
operations are informal. Nevertheless, the informal artisanal sector generates 78% of the
tax revenues, and industrial concessions 22%. Wood fuel and sawn wood account for 62%
and 27% of the forestry tax revenues, respectively. On the basis of the volumes produced
and the total market value of each productive subsector, the formal industrial subsector is
subject to a very high taxation rate compared to the informal subsector. Although it
represents only 0.74% and 4% of the total volumes produced and the sector value,
respectively, it generates more than 22% of forestry taxes. The informal sector generates
US$ 1.26 of taxes per cubic meter of round wood-equivalent (RWE) produced, whereas
concessions generate US$ 47/m3. A large share of the forestry taxes on the formal industrial
production stems from the export tax. When removing these droits de sortie, the share of
industrial forestry taxes drops from 36% to 10% and the average taxation rate decreases to
US$ 13/m3 produced, which is still an order of magnitude greater than the effective informal
sector tax rate.
30. The large difference in taxation and regulation between industrial and artisanal
loggers creates competitive disadvantages for concessionaires, and creates disincentives to
enter the formal forestry space.
6 Informal actors usually escape the VAT and national taxes but do pay other taxes, especially at the local level.
14
Table 2: Forestry taxes paid and forestry taxes as percentage of subsector value
31. Tax recovery rates in the forest sector are not only dismally low, but also not
transparent and therefore hard to clearly evaluate and subject to abuse. Even within the
MECNDD there are several agencies that have a role in revenue assessment, but there is no
unified system for monitoring revenues collected against revenues due, as amounts on the
notes de débit issued by MECNDD to assess taxes and the notes de perception issued by the
Ministry of Finance (DGRAD) frequently do not match. No external audits of the MECNDD
have been published since 2002 (Lawson 2014). The Independent Forest Law Enforcement
and Governance Observer (OI-FLEG) attempted to analyze taxes collected, but was only able
to obtain data on three of the five forestry-related taxes. It concluded that on these three
taxes alone, at least US$ 3.4 million in assessed taxes remained uncollected (28% of the
total due), and US$ 1 million (7%) in 2011. This resulted in part from government not
invoicing the full amounts due (REM 2013b). A more recent analysis puts subsequent
recovery rates much lower (2012: 23.3%; 2013: 11.9% and 2014: 18.2%) (REGED 2014).
While it is possible that the performance decreased this markedly, these grossly differing
values may also simply illustrate the difficulty of obtaining a clear overview. The picture has
gotten even murkier with the transfer of responsibility for area, reforestation, permis annuel de coupe industrielle de bois d'œuvre, and permis de coupe de bois artisanal (PCA) taxes and
fees to the provinces, as provinces generally do not communicate the amounts assessed and
collected to the central authorities.
2010 %per RWE
(US$/m3)
% of subsector
value
Consumption 54 100% 1.60 3%
Wood fuel (domestic market) 34 62% 1.18 3%
Sawn wood 15 27% 2.76 4%
Domestic and neighbouring countries' markets 11 20% 2.04 3%
International markets 4 7% 46.76 11%
Round wood (international markets) 6 11% 46.76 23%
Production 54 100% 1.59 3%
Formal industrial 12 22% 46.8 16%
Without export-related taxes 3 6%
Formal artisanal 0.23 0.4% 2.68 3%
Informal artisanal 42 78% 1.26 3%
Unit Mining
CTR 2012 OFAC 2010 CTR 2012
Total collected by sector
Forestry taxes collected US$ 6,891,693 14,514,329 na
Total taxes collected US$ 9,043,827 na 381,834,478
Average taxation by unit of production
Forestry taxes US$/m3 47 58 na
Without export related taxes US$/m3 13 47 na
Total taxes US$/m3 61 na na
ForestryFormal production only
Forestry taxes paid (M US$) Forestry taxes
15
d.d.d.d. Projections of future demand and productionProjections of future demand and productionProjections of future demand and productionProjections of future demand and production
To inform the analysis, this study sought to project the growth of wood product demand
and production to derive lessons and priorities for the DRC’s forest sector. The availability
of reliable and detailed data on the forest sector is the main obstacle to any type of
quantitative analysis in the DRC. To overcome this challenge and evaluate both the
current scope of the forest sector and its future trends, the present analysis built a model
that uses both supply and demand data to bridge data gaps and triangulate information.
The scope of the exercise did not permit the construction of an econometric model that
accounts for the often interlinked nature of the explanatory variables included. In the
absence of such a model and based on the limited quantitative data available, the present
analysis attempted to estimate the single impact of selected variables on the various
subsectors. It did so by analyzing 1) demand drivers (domestic and regional demand for
wood energy and sawn wood, and international demand for round and sawn wood), the
rise of non-wood energy, regional wood production, economic growth, population
growth, urbanization, and international demand, and 2) supply drivers (agricultural
expansion, fuel wood collection, and transport infrastructure development; prospective
data on the cost of capital, mining development, and legislation on concessions was
insufficient to allow for inclusion).
The analysis was performed using a combination of typologies related to the type of
products (logs, sawn wood, charcoal, fire wood), geographic market (domestic, regional,
international), production unit (industrial, artisanal) or producer (concessions, artisanal,
informal). The model only encompassed wood products. Non-timber forest products
(NTFPs), bush meat, and ecosystem services were not included. A dual approach was
adopted as presented in the following table:
Consumption markets Productive subsectors
C1 Domestic wood fuel consumption P1 Formal industrial production (concessions)
C2 Domestic sawn wood consumption P2 Formal artisanal production (artisanal permits)
C3 Neighboring countries’ sawn wood consumption P3 Informal production
C4 International round wood consumption P4 Imports (not included)1
C5 International sawn wood consumption1
The analysis mainly capitalizes on two sets of quantitative data available on the forest
sector in the DRC: (i) data related to the volumes of wood fuel and sawn wood traded on
local markets (CIFOR, GIZ and IOB); and (ii) data related to the formal industrial
production. The model assumed that the first set of data captures both current
consumption and current production, mainly from the informal artisanal subsector. The
second set of data reflects the production side only and refers almost exclusively to
formal industrial production. The main information gap is for the formal artisanal
subsector (artisanal permits) as the official data available are merely theoretical.
For each of the consumption markets and productive subsectors, a snapshot of the
current situation was taken in terms of volumes produced, surface area-equivalent, gross
Box 1: The model that underlies the calculations in this series
16
value, tax revenues and employment, whenever enough quantitative data was available.
Prospective analysis estimates future trends over a 25-year period at constant prices. The
model uses 2010 as the base year as this is the last year for which a reasonably
comprehensive and therefore comparable set of data was available.
A number of assumptions are summarized in the following table:
Issues Assumptions
Urban vs rural (C) Both urban and rural consumption are taken into account.
Domestic vs
industrial (C)
The consumption per capita ratios include all types of end users. There is no information on
wood that might be directly procured by larger companies but we assumed that most of the
volumes consumed by enterprises are transiting through wholesalers and retailers.
Domestic vs
regional (C)
For sawn wood, the model includes domestic consumption and to some extent consumption of
neighboring countries. The share of exports was quantified separately based on empirical
studies. Wood fuel is assumed to be consumed at national level only (no exports).
Double-counting
of areas (C)
Some of the wood fuel traded on local markets is a “sub-product” of artisanal sawing. When
calculating the corresponding forest areas by subsector 15% was removed from the wood fuel
subsector to avoid double-counting with the area corresponding to sawn wood production.
Products and
markets (P)
Assumptions were made to estimate the share of round wood and sawn wood production sold
on local markets or international markets for the formal industrial subsector and applied to the
formal artisanal production as well.
Incomplete data limited the treatment of the following issues: (i) fiscal impact: no
uniform, reliable and comprehensive information was available on overall tax revenues
generated by the subsectors, wood-related forestry tax revenues, tax revenues per
administrative entity (central, provincial), actual revenues collected vs taxes due, etc.; (ii)
the regional dimension: in the absence of detailed information on regional trends, the
model applied a simplified estimation of the flows going to neighboring countries; (iii)
employment: no data is available on the formal artisanal subsector and only a rough
estimate for the industrial subsector in 2010, with no information on what share of that
labor force is “fixed” vs “variable”; (iv) the economic valuation of the subsectors: the
valuation in monetary terms is limited to the financial gross value of each subsector based
on market prices (no economic valuation based on economic prices and quantification of
CO2 value and other externalities); and (v) reliable production costs to evaluate and
compare the market potential of domestic industrial and artisanal production and of the
former with imports, in particular for processed wood. The second limitation is linked to
the methodology used for the dynamic analysis. It is not possible to isolate and evaluate
the differentiated impact of each driver on future trends in the absence of a rigorous
econometric model.
32. Demand is expected to rise sharply by 35% by 2020 compared to the 2010 baseline,
and by 77% by 2030 and 127% by 2040, respectively (see
33. Table 3), mainly as a result of the combined effect of the increase in wood fuel and
sawn wood consumption per capita and urban population growth. Wood fuel demand will
continue to represent most of total demand, with an estimated 81% in 2040. International
demand will remain a marginal element of overall demand as a result of much lower annual
17
consumption growth7, assuming exports from the DRC do not become significantly more
attractive than those from competitor markets (production costs at present are
comparatively high).
34. In all scenarios, industrial production remains limited compared to the other
productive subsectors even if the moratorium and the other constraints are lifted.
Table 3: Future demand and production in RWE volumes
Minimum production = scenario with minimum industrial and artisanal production (low deforestation rate, low extraction rate, no expansion of concession, no intensification of industrial production)
Source: Authors' calculations
4.4.4.4. State of the DRC’s ForestsState of the DRC’s ForestsState of the DRC’s ForestsState of the DRC’s Forests
a.a.a.a. Deforestation TrendsDeforestation TrendsDeforestation TrendsDeforestation Trends
35. Large tracts of the DRC’s forests are part of the Congo Basin forest complex, the
second-largest tropical rainforest in the world. In 2010, they covered nearly 148 million ha
(Kim, Sexton, and Townshend 2015). This tremendous resource serves as a basis for
economic activity, livelihoods, and the provision of ecosystem services.
7 Most of the wood exports of the DRC have been shifting towards Asian markets in the past few years. In the
absence of other alternative proxies and data, the model uses the annual consumption growth of Asian
markets as a proxy to estimate future international demand. Limitations to this approach include among
others: (i) no information on the share of Asian countries’ imports coming from Africa; and (ii) no specific
information on tropical wood, which represents a very specific market and cannot be substituted by non-
tropical wood.
2010 % 2020 % 2030 % 2040 %
Consumption
Wood fuel (domestic market) 28 84% 38 83% 49 82% 62.9 81%
Sawn wood 5.4 16% 7.7 17% 10.6 18% 14.1 18%
Domestic 4.8 14% 6.9 15% 9.4 16% 12.5 16%
Neighbouring countries 0.5 2% 0.8 2% 1 2% 1.4 2%
International markets 0.09 0.3% 0.1 0.2% 0.1 0.2% 0.1 0.2%
Round wood (international markets) 0.12 0.4% 0.2 0.4% 0.2 0.3% 0.2 0.3%
TOTAL CONSUMPTION 34 46 60 77
Growth compared to 2010 35% 77% 127%
Production
Formal industrial 0.25
Expansion of concessions +40% (2010) 0.9 1.1 1.1
Intensification of concessions (5m3/ha) 1.1 1.4 1.4
Expansion and intensification 1.2 1.9 1.9
Informal artisanal - agriculture expansion 33.6
0.17% net deforestation + 38m3/ha extraction rate 9 9 9
0.30% net deforestation + 38m3/ha extraction 16 16 16
0.40% net deforestation + 38m3/ha extraction 21 21 21
TOTAL PRODUCTION 34
Minimum production 10 10 10
% of domestic demand 22% 17% 13%
Maximum production 23 23 23
% of domestic demand 50% 39% 30%
Volumes in RWE (M m3)
18
Box 2: Understanding the terminology of deforestation
Owing to the data-poor environment of the DRC, several concepts of forest loss are used
below to describe trends:
- Deforestation describes the removal of forest cover and subsequent conversion of
forest to non-forest land uses.
- Gross tree cover loss: “’Tree cover’ is not the same as ‘forest cover.’ ‘Tree cover’
refers to the biophysical presence of trees, which may be a part of natural forests
or tree plantations. Thus, loss of tree cover may occur for many reasons, including
deforestation, fire, and logging within the course of sustainable forestry
operations. In sustainably managed forests, the ‘loss’ will eventually show up as
‘gain’, as young trees get large enough to achieve canopy closure.” (Hansen et al.
2013) Accordingly, gross tree cover loss refers only to the loss of tree cover, not
accounting for potential regrowth. However, losses without commensurate gains
over longer time horizons in locations with well-established deforestation trends
can help confirm deforestation.
- Primary forest loss describes degradation and loss of primary forests, “defined as
mature dense natural forests with tree canopy density above 60%.” (Zhuravleva et
al. 2013)
While these concepts cannot be used interchangeably, they do illustrate closely related
trends.
36. While still comparatively intact, the DRC’s forests are shrinking and being degraded.
The overall deforestation rate is lower than in many other tropical countries, however it is
by far the highest in Central Africa (see Figure 2). The decadal rate of deforestation has
picked up pace over time, rising from 0.67% for the 1990s to 2.79% in the decade between
2000 and 2010 (Kim, Sexton, and Townshend 2015), and within that latter period between
the 2000-2005 and 2005-2010 intervals by 13.8% (de Wasseige, Marcken, and Bayol 2012).
37. Gross tree cover loss between 2001 and 2012 was 5,735,793 ha (see (Hansen et al.
2013), an area roughly the size of Togo or Croatia. Forest degradation and deforestation,
which are highly correlated, are highest in the vicinity of major urban areas (UN-REDD
2012). Deforestation is concentrated in Kinshasa and Bas-Congo provinces, the eastern DRC,
and around cities along the Congo River (Ickowitz et al. 2015), while primary forest loss
increased the fastest in Kinshasa, Nord-Kivu, Kasai-Occidental and Bandundu provinces
(Zhuravleva et al. 2013).
19
Figure 1: Gross forest loss in the DRC 2001-2012 (ha).
Source: (Hansen et al. 2013)
Figure 2: Cumulative gross tree cover loss (%, >30% canopy cover, 2001-2013 Period)
Source: Author's calculations based on (Hansen et al. 2013)
Wood Production and Consumption
38. We estimate the total current consumption and production of wood to be around 34
million m3 of RWE. Around 84% of the total wood consumption (28.5 million m3) serves
domestic energy needs. Another 16% (5.4 million m3) is consumed as sawn wood in the DRC
and neighboring countries.
39. The informal artisanal subsector dominates production with around 99.2% of the
production volume. The production of the industrial concessions has been decreasing since
2009, but even when considering the highest past production levels (500,000 m3) the
subsector remains marginal compared to the informal subsector. Artisanal permits
-900,000
-800,000
-700,000
-600,000
-500,000
-400,000
-300,000
-200,000
-100,000
02001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
0 0.5 1 1.5 2 2.5 3 3.5
Gabon
CAR
Congo
Cameroon
Equatorial Guinea
DRC
20
contribute an insignificant share of the current national production with around 0.03%, and
only 0.001% when considering overall permits and permits respecting the legal framework,
respectively. In short, industrial forestry is marginal, and small-scale logging is almost
exclusively informal.
Table 4: Aggregate wood consumption and production in the DRC.
Volumes in RWE (M m3)
2010 %
Consumption 34 100%
Wood fuel (domestic market) 28.5 84%
Sawn wood 5.4 16%
Domestic and neighboring countries' markets 5.3 16%
International markets 0.09 0.3%
Round wood (international markets) 0.1 0.4%
Production 34 100%
Formal industrial 0.25 0.74%
Formal artisanal 0.03 0.10%
PCB respecting legal framework 0.001 0.00%
Informal artisanal 33.6 99.2%
Source: Authors' calculations
Figure 3: Wood consumption and production shares in the DRC
40. In a business-as-usual scenario, the increase in wood demand in the DRC, driven
primarily by domestic factors, is expected to lead to an increase in the rate of forest loss
(see below). In a similar vein, Zhuravleva et al. (2013) predict a loss of intact primary forest
area at current agricultural and infrastructure expansion rates. They conclude that 2.4
million ha of such areas – 4% of the 2010 area – could be lost by 2020.
b.b.b.b. Drivers of Deforestation and DegradationDrivers of Deforestation and DegradationDrivers of Deforestation and DegradationDrivers of Deforestation and Degradation
41. Deforestation in the DRC is driven primarily through the immediate triggers of slash-
and-burn agriculture, artisanal wood production, wood energy and charcoal production, and
mining activities (UN-REDD 2012). Among these, agriculture appears to be the principal
factor (Ickowitz et al. 2015). Economic growth, population growth, and urbanization are
84%
16%
0%
Wood consumption
Wood fuel
Sawn wood
Round wood
99%
0%
1%Wood production
Informal
artisanal
Formal
artisanal
(PCB)
Formal
industrial
21
underlying indirect drivers that amplify these processes by driving demand for agricultural
space and wood products. Weak governance and infrastructure expansion are factors that
enable unregulated activity, and open up new areas, respectively. Furthermore, drivers such
as industrial agriculture and mineral extraction are likely to gain in importance in the future
Deforestation and degradation are closely correlated with the presence of previously
degraded forests and the occurrence of forest fragmentation (UN-REDD 2012), suggesting
that processes of degradation and deforestation, once they gain a foothold, take on a life of
their own in the absence of control mechanisms.
c.c.c.c. Projections of Future Impacts on the ForestProjections of Future Impacts on the ForestProjections of Future Impacts on the ForestProjections of Future Impacts on the Forest
Figure 4: Projected wood consumption in DRC
Source: Authors’ calculations
42. Our model predicts a growing gap between demand for wood products and
business-as-usual domestic production. The gap is growing mainly due to steady population
growth. In the scenario with maximum production (higher deforestation rate, higher
extraction rate, expansion of concessions), the share of the total domestic demand covered
by business-as-usual domestic production is estimated to be 50% in 2020 and only 30% in
2040. The gap could in theory be filled by imports for sawn wood, but this is unlikely to
occur for wood fuel. In the absence of supply of non-wood energy through conventional
0
10
20
30
40
50
60
2010 2020 2030 2040
Vo
lum
es
in R
WE
(m
illio
n m
3)
Consumption Round wood (international markets) International markets
Consumption Sawn wood
Consumption Wood fuel (domestic market)
22
means, deforestation due to fuel wood collection will likely accelerate to meet demand,
following patterns similar to those currently observed surrounding large cities such as
Kinshasa or Kisangani. Sensitivity analyses show that the biggest factor affecting the supply
gap is the per capita consumption of wood fuels, followed by greater efficiency in
carbonization efficiency. However, even a 20% reduction in per capita wood fuel
consumption would still leave a supply gap of 49% by 2030 and 62% by 2040. In the absence
of effective governance, it is all but a given that the forest resource base will continue to
decline and deteriorate.
43. In the absence of annualized data on deforestation, and given the variation in
estimates of deforestation rates between sources, we use tree cover with a density of 30%
or more as a proxy for deforestation to illustrate the potential effects of the increase in
consumption projected above. It is important to note that deforestation and tree cover are
not the same.8 However, their similar nature can help illustrate broad trends. Figure 5
displays estimated projections of the net tree cover loss rate in the DRC using historical net
tree cover loss rates from 2001 to 2013 (Hansen et al. 2013) as a basis, and projects them
forward on the assumption that the growth in loss rates is increasing exponentially as a
result of the double effect of increasing demand and decreasing forest stocks.9 Assuming
that 80% of all future tree cover loss stems from increased demand for wood,10 under
business-as-usual practices the net tree cover loss rate in 2040 would be about 1% per
annum - nearly four times as high as the 2013 rate (based on an ordinary least squares best
fit line and 2001 and 2013 data). Even halving the assumption to 40% would still imply more
than a doubling of the tree cover loss rate from 0.28% to 0.64% by 2040.
8 Hansen et al. (2013) provide the following definitions and qualifiers: “’Tree cover’ does not equate to
common definitions of ‘forest.’ ‘Tree cover’ refers to the biophysical presence of trees, which may be a part of
natural forests or tree plantations. Thus, loss of tree cover may occur for many reasons, including
deforestation, fire, and logging within the course of sustainable forestry operations. Similarly, tree cover gain
may indicate the growth of trees within natural or managed forests.” Also see Box 2. 9 The projections employ data on projected consumption growth (see Table 2) and observed historical net tree
cover loss rate (data from Hansen et al. 2013). Using the correlation between the two, they project
consumption backward and the loss rate forward. 10 The two are intimately linked, making disaggregation of the two drivers virtually impossible. This study thus
attributes a higher range of deforestation to wood demand as a driver than for example UN-REDD (2012),
which estimated the proportion to be 20%.
23
Figure 5: Projected annual net tree cover loss rates (%, >30% canopy density, exponential projection)
Source: Authors’ calculations based on data from Hansen et al. (2013)
44. Under an assumption of no forest gain – through natural regrowth or planting – the
DRC’s tree cover would decrease markedly. Of course some of that loss is offset by gains
even in an overall context marked by high loss, as Hansen et al.’s data illustrates. However,
for methodological reasons, net loss and forest gain cannot be aggregated to yield gross
loss.11 That said, the above data suggest that net loss will increase markedly. Increased
wood consumption, using the above assumptions of increases in wood demand driving 40%
and 80% of future tree cover loss, respectively, would lead to tree cover loss by 2040 of an
additional 14.1 or 27.3 million ha, respectively. This represents roughly the entire land area
of Tajikistan or Nepal (40%) or Gabon or New Zealand (80%), respectively. This amount is in
addition to the surface areas lost due to agricultural expansion, which are similarly
significant.12
45. It is important to note that these are only rough projections with a high margin of
error, and that they provide at best orders of magnitude. They serve primarily to illustrate
likely trends if the DRC does not gain greater control over its forest resources. However, this
much can be stated with certainty: An increase in the DRC’s wood consumption will
inevitably accelerate the rate of loss of forest resources under business-as-usual projections.
Under current conditions, this increase may be dramatic. The impact of this process will be
most acutely felt by forest communities, who in most cases receive little if any
compensation for the exploitation of what is for many rural Congolese the basis of their
income and wealth. More broadly, the country’s resource base will erode, precluding future
productive use of such resources. To remedy this threat, it is urgent that forest governance
be improved. The Policy Notes in this volume provide some suggestions for priority actions.
11 In the 14 years between 2001 and 2013, the DRC’s canopy cover (measured at 30% density) lost 6.7 million
ha, while in the 13 years between 2001 and 2012 it gained 1.4 million ha. 12 Assuming 40% of net forest loss is driven by wood demand, agriculture would represent an additional 21
million ha. Assuming 80%, it would represent 6.8 million ha.
0
0.2
0.4
0.6
0.8
1
1.2
Tree cover loss rate 2013
(based on OLS best fit line)
Tree cover loss rate 2040
(assuming 40% of future tree
cover loss due to changes in
wood consumption)
Tree cover loss rate 2040
(assuming 80% of future tree
cover loss due to changes in
wood consumption)
24
5.5.5.5. State of the Forest IndustryState of the Forest IndustryState of the Forest IndustryState of the Forest Industry
46. Logging in the DRC can be categorized in three ways: 1) Industrial concession
forestry (conducted by companies that have obtained a concession area in keeping with the
Forest Code), 2) formal artisanal forestry (conducted by individuals who have obtained a
license in keeping with Forest Code), and 3) informal forestry (which does not follow the
regulatory framework). Industrial concession forestry is formally regulated, albeit with
significant weaknesses in implementation. Artisanal forestry in theory represents a second
category of regulated forest exploitation, however the majority of this activity is de facto
unregulated and beyond the reach of government authorities. The line between formal and
informal forestry is thus blurred, as the vast majority of logging eschews even the artisanal
permitting system.
a.a.a.a. Industrial Concession ForestryIndustrial Concession ForestryIndustrial Concession ForestryIndustrial Concession Forestry
47. Industrial forest production in the DRC has been low for a long time (see
25
48. Figure 7), and stood at 249,539 m3 in 2010, or 1.5% of total wood production.13 This
figure is particularly low when compared to other countries in the region (see Figure 8), all
of which have substantially smaller forest areas. This points at once to the low utilization
rate of the DRC’s forests and to the low productivity of its concessions.14
49. After a major reform process, the country’s 57 concessions now cover 10,656,432
ha15, only 7.3% of the country’s total forest area. This is a low proportion by regional
standards (see Figure 6). The 57 concessions are managed by 16 companies, four of which
dominate production. In spite of this concentration, profitability in the sector is low. A lack
of transport infrastructure, a weak business environment, insecurity in parts of the country,
a low density of high-value species, and the 2002 moratorium prohibiting the attribution of
new forest concession areas combine to explain the low coverage of the total forest area by
concessions. In light of the DRC’s extremely weak governance capacity this may not be
inappropriate. In the absence of other reforms, expansion of concession areas under a
business-as-usual scenario would further weaken the oversight the government is able to
exert over its existing concessions.
Figure 6: Percentage of lowland dense moist forest under concession management.
Sources: MECNDD DEP 2015, de Wasseige et al. (2012); Ministerio de Agricultura y Bosques and WRI (2013)16
50. Despite its low production volume, the industrial sector plays a comparatively
important role in promoting the sustainable management of wood resources, as
concessionaires have to produce and follow management plans, pay fees and taxes, consult
with local populations and contribute to their infrastructure development through the social
13 The primary species logged commercially are sapelli, wenge, sipo, afromosia, and iroko. 14 Data on the DRC’s annual allowable cut could not be obtained in time for publication. 15 Forest titles passed from 45 million ha to 25 million ha during the fiscal reform of the early 2000s. This
number was further reduced to 14,679,133 ha during the conversion process that was completed in 2014. This
process maintained 81 concessions. Of these, concessionaires returned 24 to the state, leaving 57 covering
10,656,432 ha. This latter figure is based on statistics provided by the Studies and Planning Department (DEP).
However, one concession’s surface area was still be evaluated at the time of writing and needs to be added to
this total. 16 Equatorial Guinea has canceled all concession contracts.
0%
10%
20%
30%
40%
50%
60%
70%
80%
Congo Gabon CAR Cameroon Equatorial
Guinea
DRC
26
responsibility contracts (clauses sociales) (Lescuyer et al. 2014a). As such, they provide in
theory a model of forest production that, although far from perfect in its application,17 has a
better governance framework and somewhat more oversight than its alternatives as
currently practiced (also see discussion of governance below). However, forestry companies
in the DRC, with a few notable exceptions, are generally poorly managed, and have
underdeveloped technical skills at all levels, including in management positions. Combined
with a severe lack of oversight, this results in systematic illegal activity and breaches of
regulations by the industry (Lawson 2014; REM 2013a).
51. Zhuraleva (2013) has documented that degradation rates in concessions are 3.8
times higher than in other primary forests. While this is to be expected given their
designation for timber extraction (in contrast to non-concession areas, which contain vast
tracts of forest that are still inaccessible even to small-scale producers), it does illustrate
that the DRC’s concessions are still far from practicing sustainable forest management.
However, anecdotal information suggests that the practices of artisanal loggers are more
destructive than those of the forest industry as they do not follow any sustainable forestry
practices.
17 For example, only four management plans have been submitted to MEDD for validation, but MEDD has yet
to validate any of them, thus preventing their application.
27
Figure 7: Log production in the DRC
Sources: 1991-2009: de Wasseige, Marcken, and Bayol (2012); 2010: authors’ calculations
Figure 8: Log production in Central Africa
Based on: de Wasseige, Marcken, and Bayol (2012)
b.b.b.b. Formal Artisanal ForestryFormal Artisanal ForestryFormal Artisanal ForestryFormal Artisanal Forestry
52. In theory, the regulatory framework requires a permit to conduct artisanal forestry.
Permits are limited to 50 ha, and are only supposed to be issued to Congolese individuals,
who can apply for a maximum of two permits per year. We estimate that the formal
artisanal sector produced about 30,000 m3 of timber a year. Only a small fraction – about
910 m3 – was harvested respecting the regulatory framework represented by the PCAs,
according to the OI-FLEG. However, it should be noted that this proportion increased
significantly to 15% in 2012, the year the timber tracking system came into force.
0
50000
100000
150000
200000
250000
300000
350000
400000
450000
Log
Pro
du
ctio
n (
m3
)
0
1,000,000
2,000,000
3,000,000
4,000,000
5,000,000
6,000,000
7,000,000
8,000,000
9,000,000
10,000,000
Log
Pro
du
ctio
n (
m3
)
Cameroon Congo Gabon Equatorial Guinea CAR DRC
28
53. In practice, however, the artisanal sector is composed of legal and quasi-legal and
illegal/unregulated activities. While a total of 221 permits were issued to 106 permit holders
between 2010 and 2012, the abuse of the permitting system has been widely documented
(REM 2013a; Global Witness 2012; Greenpeace Africa 2013). As a result, the majority of
actors are not only essentially operating in an informal space due to legal shortcomings, but
also because of gross irregularities in the issuing of PCAs (Lescuyer et al. 2014a). 18 One
consequence of the misapplication of the system is the emergence of “semi-industrial”
operators. These include foreign-owned companies with substantial technical and financial
means who obtain PCAs intended for private Congolese individuals. The result of this abuse
is logging that is not subject to any oversight, and that has no formal social obligations to
the communities in whose forests it takes place, nor any requirements for sustainable
logging practices (REM 2013a). It is, however, important to distinguish this mode from the
more wide-spread informal forestry that is carried out throughout the country (see below).
54. In the many instances in which abuse of the system has taken place, it has certainly
had important negative consequences in environmental, socio-economic and institutional
terms. Not only are forest management practices generally not sustainable, the government
and the population also derive little benefit from the permitting system. According to one
account, “companies typically pay US$2,500 for a logging permit that will allow them to cut
timber worth up to US$400,000 on the Chinese market” (Global Witness 2012).
c.c.c.c. Informal Artisanal / Illegal ForestryInformal Artisanal / Illegal ForestryInformal Artisanal / Illegal ForestryInformal Artisanal / Illegal Forestry
55. By far the largest portion of timber harvesting in the DRC is small-scale artisanal
logging. This activity is by and large not in compliance with national laws. It is therefore de jure illegal, but mostly referred to as informal. Nevertheless, local authorities may exercise a
degree of control over this mode of production, in particular by demanding payments of
fees or taxes for production.
56. Excluding wood harvested as wood fuel, Lawson (2014) estimates the proportion to
be at least 87%, Lescuyer (2014a) to be 93%. Our model has this proportion even higher, at
99.2%, for a total of 33.6 million m3. The volume of informally harvested wood has
increased quickly, doubling depending on the estimate in the six years preceding 2012
(Lawson 2014) or in the last 20 years, according to Lescuyer. Lescuyer calculates that 85% of
this wood serves the domestic market, leaving exports from this sector at 525,000 m3 - far
outstripping formally recorded exports. The vast majority of the wood harvested using this
mode goes towards energy production, although a significant portion constitutes sawn
wood.
18 The Direction de Gestion Forestière determined that out of the 221 permits issued in that period, only 13
fulfilled the legal criteria: permits issued to an individual, no more than two permits per year, maximum 50
ha/permit.
29
d.d.d.d. Wood Uses and MarketsWood Uses and MarketsWood Uses and MarketsWood Uses and Markets
57. The majority of the DRC’s timber is consumed domestically as wood fuel (28 million
m3, or 84% of total consumption) or sawn wood (4.8 million m3, or 16%). Only a very small
fraction is formally exported as round wood (0.1 million m3) or sawn wood (0.09 million m3),
representing a total of 0.7% of total production. The DRC’s recorded wood exports are
composed of legal and illegal exports. Formally recorded export volumes have been quite
low for some time, fluctuating between 170,000 and 280,000 m3 per year between 2005
and 2011 (de Wasseige et al. 2014). In 2014, the value of exports reported to the industry
association was US$ 33.7 million (private communication with FIB). In addition, at least an
equivalent volume is estimated to be exported illegally to eastern neighboring countries,
although estimates on this vary widely.
58. While historically, most exports went to Europe, Asia (and in particular China) has
more recently overtaken Europe as the largest export market. It is unclear whether this shift
is driven by concerns over illegally sourced timber (as Europe tightened its regulations on
timber origin) or whether, to the contrary, it is the cause of heightened exports of
questionably sourced timber (as Asian markets are generally less sensitive to environmental
standards). Either way, to once again become attractive to European (and US) markets, the
DRC’s forest industry would need to undergo substantial governance improvements, as is
evident in the protracted duration of the Voluntary Partnership Agreement negotiations
with the European Union (EU), which are still ongoing. Meanwhile, Asian demand is strong
enough to permit the continuation of the status quo, to say nothing of demand from the
DRC’s neighbors. The gradual decline in exports to the EU reduces the DRC’s incentive to
improve governance as long as this is the case.
Figure 9: Destination markets for DRC log exports.
Based on data from de Wasseige et al. (2014)
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
2005 2006 2007 2008 2009 2010 2011
Africa North America Asia European Union Others
30
6.6.6.6. GovernanceGovernanceGovernanceGovernance
59. Governance of the DRC’s forest sector has long been weak. The MECNDD is only able
to carry out its central administrative functions – policy development, norm setting, and
control – to a very limited degree. Its actual role – for example, as both norm setter and
implementer in the case of forest inventories – often involves conflicts of interest. Its reach
into the provinces is extremely limited, and there is frequent overlap between the ministry’s
and the provinces’ roles. In general, it would be sensible for the provinces to take on a
stronger implementation role, and for the ministry to limit itself to its central functions. The
decentralization process in the DRC is still young and ongoing, and this process will take
time.
60. The lack of a forest policy compounds the already great governance challenges. Such
a policy is intended to guide decision-making and constitute a general vision for utilization
and governance of the forests. Without such a policy, forest management and the
functionality of its administration relies on a weak basis (REM 2013a). There are indications
that a forest policy will be developed in the near future, and this process should be
encouraged. If such a policy were to be adopted, however, care would have to be taken to
minimize disruptions to the already weak law enforcement in the sector in the process.
61. While the country has a modern Forest Code, its application is lacking in many
respects. It conflicts in several points with the constitution (adopted four years after the
code itself), and many of its application texts contradict one another.
62. In terms of control, the logistical challenges are enormous: The DRC’s forests cover
an area the size of Germany, France, and Spain combined. However, the country as a whole
only has 6% of the length of the road network of those countries. Only a small portion of
that total transects its forests, and of those roads, the majority is in very poor condition.
Forest law enforcement is under-resourced in human, technical, and financial terms.
Parliament allocated MECNDD and its arms-length institutions a budget for 2014 of US$ 70
million, but of this the ministry only actually received US$ 14.6 million (excluding arms-
length institutions; Ministère du budget 2015), indicating the lack of priority the central
government accords to forest issues. In human resource terms, the provinces have 23 OPJs
at their disposal, while Direction de Contrôle et Vérification Interne has 14, for a total of 37.
The latter represents only 0.5% of the total MECNDD staff of 2,70119. Each officer thus
covers on average 3.9 million ha, an area nearly the size of Switzerland – an obvious
impossibility. In addition, the OPJs are mostly stationed in the provincial capitals, and
receive little to no budget to travel in the course of their duties.
63. Monitoring and control of forestry activities by MECNDD and the provincial
authorities are thus minimal. In addition, the Observatoire de la Gouvernance Forestière
(OGF, the successor to the OI-FLEG) has been conducting two to three missions per year.
However, both the OGF and the MECNDD rely entirely on outside financing for their
missions. The detection rate of infractions is thus very low. Even when they are in a position
to do so, the authorities often don’t apply their own laws, instead finding informal
19 An additional 2,673 posts are currently vacant, among them 672 management posts.
31
arrangements to deal with taxation or violations of the legal and regulatory framework.
Prescribed penalties for illegal practices are derisory, and often open to negotiation,
compounding the problem.
64. The current state of legality in the forest sector has been best summarized by the
independent forest monitor financed through EU funding between 2011 and 2013:
“The [Independent Monitor] has observed a forest sector that is developing largely
outside the scope of existing legislation. Despite the lack of a global forest policy and
the cumulative delays in signing its implementing texts, the 2002 Forest Code does
offer a relatively simple legal basis capable of ensuring a good level of resource
control while satisfying the needs of numerous stakeholders. And yet the IM’s
observations and analyses reveal a severe lack of appropriation of forest law on the
part of both the private sector operators and the administration responsible for
ensuring that the legislation is completed and enforced. Law enforcement failures
can be seen at virtually all levels and take a multitude of forms; it is, however, rare
for legal proceedings to be commenced, which undermines the credibility of the law
in the eyes of the different actors, resulting in widespread fraud and illegal logging.”
(REM 2013a)
65. As described above, revenue collection is low (we estimate that the total taxes and
fees paid to all levels of government in the forest sector are US$ 54 million, the majority of
which is paid outside of the bounds of the regulatory framework), and even reliably
assessing the taxes and fees collected is virtually impossible with current systems. This
problem was exacerbated with the transfer of the responsibility for collection of the area
tax to the provinces, who maintain no information links with the central authorities on their
revenue collection.
66. A participatory assessment of the state of forest governance in the DRC in 2015
established the greatest challenges for the sector as viewed by Congolese stakeholders (see
Box 3) and largely confirmed the governance challenges.
Box 3: The PROFOR Governance Assessment
In the first half of 2015, the World Bank carried out a participatory governance assessment
in the DRC with funding from the Program on Forests. In four one-day workshops in
Kisangani, Bandundu, Mbandaka and Kinshasa, facilitators administered a questionnaire to
74 stakeholders from public administration, civil society, private sector, and development
partners.
In the four rounds of consultations, the main issues expressed by the stakeholders were:
1. the weaknesses of the forest laws and local populations’ poor knowledge of them;
2. the lack of resources (human, material and financial) allocated to the administration
in charge of inventorying/protecting/monitoring forested areas, in particular very
little means and recognition given to the consultative counsels;
3. the high level of corruption and interference by political leaders, thus discouraging
formal private sector actors;
32
4. lack of implementation and enforcement of the law causing widespread illegal
artisanal logging, unsustainable forest management practices, cross-border
leakages, and very little tax revenue generation;
5. the high level of poverty and absence of revenue-generating activities inciting
populations to continue slash and burn agriculture and collect wood in the forests
in an unplanned and uncontrolled fashion, causing deforestation and forest
degradation.
Participants offered a number of priority recommendations to address those challenges:
1. revising/updating the 2002 forest code and disseminating it to the public and
populations in their respective local languages and dialects, in strong synergy with
the land tenure reform to address conflicts between customary rights and state
ownership;
2. drafting a national forest policy (based on the notion of sustainable resource
management and resulting from a national vision/land use plan) with a focus on
developing the wood value chain (including small and medium enterprises),
training professionals (capacity building and research programs), putting in place a
timber tracking system, imposing management plans and certification/standards,
and clarifying revenue-sharing mechanisms (between national and provincial
administrations, between the state and communities, between private
concessionaires and communities);
3. reducing the informal aspects of the sector to the extent possible and creating
disincentives for illegal logging and other forest crimes, as well as promoting win-
win economic rural practices, such as agroforestry and reforestation;
4. revamping and simplifying the fiscal system (it is estimated that 150 various taxes
exist for the sector), namely through reestablishing the fundamental role of the
Fonds Forestier National (National Forest Fund) in charge of collecting taxes
(reforestation, deforestation, and logging) and implementing the national
reforestation plan;
5. decentralizing the forest authority and management power to the decentralized
territorial entities for a smoother local process.
67. The weak state of forest governance and the resulting illegality harm the socio-
economic development of forest-dependent populations, as it deprives them of natural
resources – not only wood – that they often depend on and have customarily utilized,
whether they wish to monetize them or not. Moreover, illegality results in state coffers
receiving significantly fewer resources than what they are due. Neither is propitious to the
country’s development.
7.7.7.7. ConclusionsConclusionsConclusionsConclusions
68. The current models of forestry are not maximizing forests’ contributions to the DRC’s
economic growth and poverty reduction. Productivity is low, rent seeking is rife, and
communities and the state benefit little from forestry operations. The sustainability of
forest exploitation in its current form is in severe doubt, as illustrated by accelerating net
33
forest loss rates. While industrial concessions are subject to a degree of regulation and
oversight and are required to contribute to local development, implementation still displays
significant shortcomings. In addition, industrial forestry suffers from an uneven playing field
as compared to artisanal / semi-industrial actors, who face significantly lower de facto
administrative burdens and therefore cost advantages. While artisanal loggers are in theory
banned from exporting their products, in reality the absence of a timber tracking system
and the permeability of controls enables them to do so without much interference. There
thus is a risk that industrial forestry, the one model of forestry that has a modicum of
development impact, is pushed out of business by a de facto entirely unregulated
competitor.
69. Informal loggers operating outside the bounds of national forest laws dominate the
DRC’s timber production, and will do so for the foreseeable future. This has significant
negative consequences for the DRC’s forest stock. Given the importance of the sector for
employment and livelihood provision, the answer cannot be to outlaw the activity. Rather,
efforts must be made to formalize current activities in an effort to increase their economic
value, contributions to development, and sustainability.
34
Policy Note 1: Framework ConditionsPolicy Note 1: Framework ConditionsPolicy Note 1: Framework ConditionsPolicy Note 1: Framework Conditions
Julian Lee (World Bank)
70. This first of three Policy Notes in this collection provides recommendations for a set
of key issues affecting the forest sector: The moratorium on issuing concessions, revenue
generation for the state, artisanal logging, and zoning. Each of these issues is tied to the
capacity of the state to govern its forest space and to bring it to bear in its efforts to reduce
poverty in the DRC. Each is debated widely in policy circles, and the hope is that the
recommendations issued herein can shed light on this debate in an effort to advance the
agenda.
1.1.1.1. The Moratorium on Issuing ConcessionsThe Moratorium on Issuing ConcessionsThe Moratorium on Issuing ConcessionsThe Moratorium on Issuing Concessions
71. Forest concessions currently only cover 7.3% of the DRC’s total forest area. Given
this limited coverage – especially when compared to much larger surfaces covered by
concessions in other Central African countries – as well as the weak state of the DRC’s forest
industry, it is understandable that some voices in the DRC would like to expand the area
subject to concession forestry.
72. However, such expansion is currently limited by a ministerial order issued in 200220,
which was reaffirmed in 2005 and 2008.21 This moratorium has its origins in the substantial
weaknesses of forest governance, as well as the problematic history of the allocation of
forestry titles. Its lifting is subject to three conditions being fulfilled: First, the conversion of
old logging contracts to concession titles. This process was completed in 2014. Second, the
adoption of a transparent mid-term allocation process for concessions, which the
government argues has been fulfilled through the prime ministerial decree 08/09 of April 8,
2008. And third, the development of a three-year geographical planning process of future
allocations. This vaguely worded third condition has been the subject of debate, not only
because interpretations of the article can reasonably differ, but more importantly because
of the implications of lifting the moratorium, which could theoretically lead to an increase in
forest exploitation, which in turn, in current conditions, would mostly likely occur in a
vacuum of control. The condition could in theory be met quite easily, since it does not
explicitly state that non-forest actors need to be included. As such, the allocation plan could
be developed with the involvement of industry, civil society, and on the basis of local
consultations.
73. However, there are often multiple claims to a particular tract of land. The resulting
land-use disputes – including between various actors of the forest sector, with other sectors
such as agriculture and extractive industries, as well as between the sectors and
communities and between different communities themselves – bears significant potential
for social conflict. Conflicting land-use claims not only create the potential for social conflict
20 Ministerial Order No. CAB/MIN/AF.F-E.T/194/MAS/02 of 14 May 2002 21 Presidential Decree No. 05/116 of 24 October 2005 and Decree No. 08/02 of 21 January 2008
35
and violence, they also can cause investment uncertainty and interrupt business. As a result,
it would be highly desirable for a coordinated land-use planning process involving all
interested sectors to take place as well. Once a land-use plan has been established, a forest
macro-zoning process could follow, which would not only build on existing terms of
reference, but also on existing micro-zoning processes in many landscapes, deferring to the
latter where conflicts between the two emerge.
74. Several drivers of deforestation other than industrial forestry have a higher impact
on the DRC’s forests (UN-REDD 2012), however where industrial forestry is practiced, forest
degradation is comparatively higher than in other recorded zones (Zhuravleva et al. 2013).
Historically, logged forests are more quickly turned into degraded forests – especially where
forest roads are present, and eventually into cleared areas. As a result, any areas subject to
new concessions should be closely circumscribed. The concessions that have been returned
to the state after the conversion process could form a reasonable starting point for such a
process. In addition, revegetation of logging roads should be part of concession
management plans to reduce the risk of the degradation-deforestation continuum once a
concession tract is abandoned.
75. By preventing new actors from entering the market, the moratorium has arguably
contributed to the emergence of a “semi-industrial artisanal sector”, which operates under
lesser control and with greater impunity, and which contributes less to the development of
the DRC than the industrial sector. However, it is unclear whether in the current
environment, lifting the moratorium would lead to significant expansion of industrial
logging: The business climate in the DRC is among the worst in the world, and the low
profitability of the sector combined with the hurdles it faces probably will deter many
serious putative investors. Already at this point, numerous concessionaires are said to be on
the brink of folding. Only 23 out of 57 concessions actually were operational in 2014.
However, some low-cost producers are able to operate in the “semi-industrial” space with
its lower cost of doing business, and it cannot be excluded that their cost structure could
allow them to enter the industrial space. It is further unclear whether markets for
significantly increased industrial production are accessible: As long as semi-industrial and
artisanal actors enjoy a cost advantage over industrial producers, concession timber faces
an uphill battle domestically, so it is unclear that significant domestic demand exists for
concession timber, especially for the high-value species concessions specialize in. In its
present form, foreign demand for official wood exports from the DRC is primarily limited to
Asian domestic markets (as in theory, the EU Timber Regulation prevents the importation of
wood whose origin cannot be determined, as does the Lacey Act in the USA). Asian market
growth is likely to continue, and has been predicted to grow from 1% to 1.6% for sawn
wood, but with a drop for round wood (from 3.1% to 1.6%/year) (FAO 2009). At the same
time, there is a continuous discrepancy between the DRC’s timber production and timber
exports that cannot be explained by domestic demand alone. Anecdotal evidence suggests
that timber producers are not able to sell their entire harvests on the world market even at
current rates.
76. Exports from western DRC are limited by the capacity of the port of Matadi
(currently at 500,000 m3/year), such that even in the face of increased production, export
capacity would remain limited without significant investments. However, for the time being,
36
current capacity is twice the annual industrial production, and significantly more than the
DRC has produced since at least 1991 (see
37
77. Figure 7), a period which includes many years during which its production area was
significantly higher than today. So the economic case for such an expansion is unclear.
Exports from the east, while facing high transport costs for the time being, face no such
logistical bottleneck. Indeed, they are estimated to be significantly higher than those
through Matadi. While better export controls here would be highly desirable, it is again
unclear that expanded concession forestry could compete with artisanally or illegally
produced exports.
78. Whether to lift the moratorium is largely a political decision. However, the DRC
should exercise great caution before moving ahead with such a decision. Beyond the legally
mandated requirements for doing so, it would be advisable to establish a clear economic
rationale, especially as it is clear that a greater total concession area would face less
oversight and law enforcement, holding all other governance factors constant. Thus, any
lifting of the moratorium should be accompanied by a credible, costed and financed plan for
providing the governance and oversight that can ensure the development contributions of
such an expansion. In addition, the rationale for lifting the moratorium should include a
demonstration of how the expansion of concessions would provide value to local
communities and the country as a whole, rather than simply serving private interests. This
may include consideration of the social contracts (clauses sociales) that form part of
concession requirements, and which, if accompanied by support to communities for their
negotiation and implementation, have the potential to deliver tangible benefits on the
ground. If a proposal can illustrate how enforcement of forest laws will be ensured in new
concessions and how social contracts can deliver on their promises, the argument for lifting
the moratorium would be significantly bolstered.
79. If the goal is to increase the DRC’s forest production, MECNDD could provide
ultimatums to existing concessionaires whose concessions have been inactive for extended
periods of time to either resume production or rescind their concessions. Any newly
attributed concessions should take into account relevant land-use planning processes.
Lastly, the auctioning system Decree 08/09 prescribes for the allocation of new concession
is as yet untested, such that a limited test phase should precede any further rollout of such
systems. Given these considerations, the government would do well to get ahead of the
curve and put in place the conditions that can ensure that any decision on lifting the
moratorium, were it to be taken, does not backfire. This may require external assistance. In
any event, the focus on the moratorium should not detract from the fact that significantly
more important surface areas and wood volumes are exploited by other forest practices
than concession forestry, which will need to be addressed accordingly.
38
Summary of Recommendations:
Short-Term Action Long-Term Action
- Ensure that the legal requirements for
lifting the moratorium are fulfilled
- Develop a policy framework with clearly
stated objectives and criteria to analyze
whether to lift the moratorium from a
sustainability and poverty reduction
perspective
- Apply the policy framework on the
moratorium
- Develop and implement a system that
can credibly ensure the sustainable use
of any new concessions
2.2.2.2. Revenue GenerationRevenue GenerationRevenue GenerationRevenue Generation
80. As described above, the tax recovery rate is low both due to the fact that most
logging takes place outside of the scope of control of the authorities, and due to the fact
that the authorities do not fully apply the law on taxation, fees, and fines. The fact that tax
revenues are too low is not limited to the forest sector in the DRC, and calls for reforms
addressing this symptom have been made elsewhere already (for example World Bank
Group 2014).
81. The transparency of tax receipts could be greatly increased by simplifying the tax
regime and consolidating both the number of different taxes and fees levied and the
number of institutions to which they are due. This would also reduce transaction costs for
both the government and tax payers, facilitating conformity with the tax code. The
challenge, however, is that the current system serves the vested interests of the agencies
with taxation and fee levying power and those of their employees (Fétiveau and Mpoyi
Mbunga 2009). The political will would need to be mustered at the highest levels to cut
through the current situation.
82. To further facilitate the clarity of the tax regime, it would also be useful to settle the
legal basis for some taxes, such as for example the surface tax (taxe de surface). The logging
industry interprets this tax to be based on the “exploitable area” of a concession, but this
contravenes the law in the absence of approved management plans (Global Witness 2013).
This is another reason for MECNDD to set and respect standard processing times for
approving management plans. The adoption of a new arrêté on forest management should
speed up this process. In addition, MECNDD, jointly with the Ministry of Finance, should
broker an acceptable level of overall taxation that balances the respective taxes to be paid
while setting them in such a way that they enable it to pursue its policy goals. Among
others, the taxe sur le permis de coupe will become obsolete once management plans are
approved, so that a methodology for rolling it into the area fee should be devised. In
addition, clarifying the taxation regime to actors in the forest sector through public
information campaigns, especially in the artisanal sector, would help empower tax payers to
better distinguish legal from illegal taxes (Lescuyer et al. 2014a).
39
83. The establishment of a publicly accessible, audited tracking system for all forest-
related taxes and fees assessed and received would help identify performance weaknesses.
This would further be aided by moving tax payments as far down the value chain as possible
to where profits are higher – e.g., to export points, timber markets in ports or transport
depots – as this centralizes tax payments, not only reducing the number of transactions and
the associated costs, but also increasing their visibility. To further increase transparency and
reduce transaction costs, one-stop-shops for tax payments could be instituted at provincial
and national levels, ideally with a single agency in charge of handling revenue collection that
would then distribute revenues to ministries and agencies. This approach would include
consolidating the currently operating multiple control points on transport axes (Lescuyer et
al. 2014a). Such a system should be bolstered by independent civil society monitoring, and
could be combined with the simplified timber tracking system proposed in Policy Note 3 of
this compendium. However, it is important that such monitoring can provide the analytical
depth and inclusive review processes modeled by the independent observer (OI-FLEG and
OGF) so that a dialogue on performance issues can be maintained with the authorities. This
has uncovered wrongdoing in the past and led to some reversals. The current expansion of
the Extractive Industries Transparency Initiative to the forest sector should strengthen
independent oversight of the industrial sector’s tax and fee payments, even if it will likely
face significant challenges given the low capacity of forestry enterprises.
84. Some simple reforms of the legal code would also be helpful to improve tax
collection. For example, currently MECNDD agents are not allowed to operate at border
posts. However, only they are able to correctly calculate timber export taxes based on an
assessment of volumes and species. Rectifying this situation would greatly increase the
reliability of such assessments (REM 2013a). This would require revising Decree N°
036/2002/ of 28 March 2002 on service allocation and public bodies authorized to operate
within the DRC.
85. More generally, the imbalance between law enforcement and other staff within the
Ministry needs to be addressed (REM 2013a). First steps in this direction have already been
taken with the recent addition of nine judicial police officers (OPJs) at provincial level since
2013. However, the proportion of MECNDD staff dedicated to law enforcement should still
rise significantly, given the geographical challenges of operating in the DRC. Furthermore,
they need to be stationed closer to the areas they are supposed to supervise, rather than in
provincial capitals. This should go hand-in-hand with improving the working conditions of
the OPJs to reduce the incentive to engage in fraudulent behavior, as outlined above.
86. While it should not be considered primarily as a revenue-generating tool, the current
regime of penalties for illegal logging is insufficient to deter violations, and would benefit
from review. Current fines for illegal logging are around US$ 8/m3, while the wood’s value
can be between 12 and 129 times that, depending on the species. In addition, in practice
these fines are open to negotiation. The combined effect is hardly dissuasive. For
comparison, in the Republic of Congo, damages are levied at US$ 200/m3 (Lawson 2014).
When reforming the regime of fines, care should be taken to distinguish between organized
and systematic abusers, and those logging informally primarily for subsistence purposes.
40
87. Given the current levels of taxation and the precariousness of the formal industry,
increasing revenue generation by raising taxes is not advisable. However, there is an
opportunity to broaden the tax base by formalizing the artisanal logging sector (see Policy
Note 2). In addition, Decree No. 35 could be revised to allow for tax collection on fuel wood,
although the poverty impacts of such a measure should be closely evaluated.
88. The goal of increased revenue generation should be to enable better oversight of the
sector, ensuring it follows the principles of sustainable forest management, and contributes
to the development goals of the country. However, all of the above suggestions will carry
start-up costs. Development finance would be needed to kick-start some of these initiatives,
but this depends on the right political environment.
89. The long-term operating costs of any measures, however, will need to be ensured by
the Government. To this end, the incentive structure of the MECNDD could be reviewed, in
particular in light of the limited budgetary allocations the Ministry receives. The incentive to
increase tax and fee recovery rates would best be accommodated in an arms-length
institution whose control and supervision services were self-financing on the basis of the tax
and fee receipts they generate (similar to the Société de développement des forêts de la Côte d’Ivoire). This would need to include appropriate provisions for integrating provincial
control and tax collection functions given the decentralization process, but would also offer
a chance to harmonize control functions with the already partially decentralized collection
function of forest taxes. If transparently structured and provided with effective checks and
balances and internal control mechanisms, this could shift the incentive structure away from
rent-seeking and corruption to ensuring legality and good forest management.
90. In this scenario, the Ministry would keep the revenues it collects, rather than
sending them on to the central government. The Ministry and provincial agencies would
then have to invest the funds in the control of legality and in the supervision of sound forest
management, including by significantly increasing the proportion of staff dedicated to
oversight and law enforcement. This system would make the forest administration less
dependent on the vagaries of central budget allocations. We estimate that the current
system generates US$ 54 million in taxes and fees across all levels of government.22 Even if
the recovery rate were only 50%, the resources thus generated would be in excess of the
US$ 14.6 million in budget allocations the MECNDD currently receives, of which none at all
was allocated to the Direction de Contrôle et Vérification Interne, and a derisory 0.04%
($60,000) of which went to the other departments involved in control and supervision of
forest operations (Direction d’Inventaires et d’Aménagement Forestier, Direction de Gestion Forestière). If the Ministry’s control and supervision functions were to be converted into an
arms-length institution, performance payments could be introduced for agents who ensure
the legality of production (e.g., on the basis of the absence of illegal activity in their assigned
area and the amount of revenue generated), thus at once reducing incentives for accepting
bribes and increasing those for performance of their duties. Certain monitoring functions
could also be delegated to civil society or local levels of government. This may especially
apply in the context of community forestry (see Policy Note 2), where the control of
22 Lescuyer (2014a) estimates partial data for the artisanal sector which would markedly increase this amount.
41
artisanal loggers operating on behalf of communities could be supplemented by the very
communities who grant the right to log in their forests.
91. This proposal – which would still require a thorough financial, legal and institutional
analysis that is beyond the scope of this paper – would require significant capacity building
and unprecedented levels of cooperation among and between national and provincial
authorities. No less is necessary to remedy the revenue collection situation and governance
overall. The DRC needs to make the choice at the highest levels of whether to pursue
increased revenue collection and sustainable and efficient management in the forests
sector.
Summary of recommendations:
Short-Term Action Long-Term Action
- Simplify the tax regime by reducing the
number of taxes and collection agencies,
consider instituting one-stop shops for
payments
- Move tax collection points further
downstream in the value chain
- Review the level of fines in the sector
- Clarify the legal basis of certain taxes
- Disseminate information about the tax
regime
- Facilitate the expansion of the Extractive
Industries Transparency Initiative into
the forest sector
- Analyze the possibility of creating an
arms-length, self-financing oversight
body for the forest sector
- Increase the proportion of MECNDD
staff dedicated to law enforcement,
decentralize their operational bases,
and improve their working conditions
- Develop a publicly accessible, audited
tracking system for forest-related taxes
and fees
- If appropriate following analysis, create
an arms-length, self-financing oversight
body for the forest sector
3.3.3.3. Artisanal LoggingArtisanal LoggingArtisanal LoggingArtisanal Logging
92. The DRC’s forest code creates a clear vision for the artisanal logging sector by
granting artisanal permits only to Congolese citizens who can obtain no more than two such
permits per year, by limiting the means of production to low-end technologies, and by
limiting the size of the area to be exploited under such permits to 50 ha. These limits
illustrate the vision that artisanal logging is intended to serve the small-scale logging needs
of the population.
93. The reality of the difficulty of issuing such permits across a vast territory, and the
near-total absence of control over the sector imply that it is rife for abuse. Accordingly,
estimates suggest that the damage artisanal logging in all its forms inflicts on the DRC’s
forests far outweighs that of industrial forestry. In addition, even where it is subject to
42
permitting (mostly in the ‘semi-industrial’ space), it is rare that the associated taxes (permit,
logging, reforestation) are paid (Lawson 2014). Lescuyer (2014a) estimates that only about
10% of the net revenues of the sawn wood value chain are captured as forest-specific taxes,
but that a significant portion of the payments actually collected is likely directly captured by
representatives of the government.
94. Due to its focus on the industrial timber sector, the legal and regulatory framework
pays little attention to small forest enterprises, which are thus constrained to illegality or
partial legality (Megevand et al. 2013). Most observers agree that, given its importance in
meeting the demand for wood and wood fuels and its significance for employment and
income generation, the solution is not to eradicate this type of logging, but rather to
formalize it.
95. Because of its decentralized nature, the steps required to achieve this goal must be
designed to the greatest extent possible as incentives rather than as command-and-control
measures, as well as with the involvement of decentralized entities. To illustrate, artisanal
production (legal and illegal) in the DRC is about 33.6 million m3. Assuming each permit
generated the full 350 m3 allowed, this would necessitate more than 96,000 permits – a
number that clearly will exceed the administrative and oversight capacity of the authorities
for the foreseeable future.
96. The current permitting system, applied rather randomly and often not following laws
and regulations (both provincial and central authorities have issued permits), provides
perverse incentives to permit holders: The permits are annual, such that there is no
incentive for sustainable management. In addition, they are area-based (50 ha), which not
only is too small an area to manage sustainably, but also incentivizes maximum extraction.
Longer-term, volume-based permitting would help correct these perverse incentives, and
the surface area could also be reviewed. In addition, at US$ 2,500 the cost of PCAs is
sufficiently high to dissuade potential seekers from obtaining the permits, especially if
paying informal “fees” is more cost-effective. Lowering this barrier to entry would therefore
also be advisable (Lescuyer et al. 2014a).
97. In the current environment, industrial concessionaires have little incentive to follow
their management plans, since artisanal loggers can export their product, and do so at a
lower cost as they are not subject to the same regulatory and taxation requirements. The
market is thus distorted. Since foreign demand has been a driver of production (while
domestic demand depends largely on relatively predictable population and economic
growth), artisanal exports should remain banned unless legal origin can be verified and
chain-of custody is in place. This also holds the potential to reduce abuse of the artisanal
system—which was never designed to serve export markets—as it would lower the
incentives for foreign actors to invest in the system, while enhancing the reputation of
exports from industrial concessions (see Policy Note 3).
98. Management of artisanal logging would also benefit from land-use planning, which
should allocate areas of the “protected forests” intended for artisanal exploitation.
Similarly, there currently is no transparent information on PCAs, as both provincial and
central administrations have been issuing them. Increased information sharing between
43
provincial and central institutions would facilitate a degree of planning. This could be
accomplished by better information sharing using ongoing forest information systems, such
as the SyGIAF and the Forest Atlas the World Resources Institute maintain together with the
MECNDD. The legal framework would benefit from clarification to attribute clear
responsibility for allocating permits and to eliminate the dual permitting authority for
national and provincial authorities. This could be accomplished by repealing Article 11 of
Arrêté 011 of 12 April 2009 and maintaining Arrêté 035 as the only valid text regulating
chain-saw milling. In addition, numerous contradictions and incompletenesses need to be
resolved (for details, see Lescuyer et al. 2014b).
99. In its current incarnation, artisanal logging delivers few if any benefits to
communities, especially when carried out for extractive purposes. To remedy this, the
clauses sociales the permitting process requires should be standardized into a simple format
that reduces the discretionary element by allocating to the community a fixed monetary (or
in-kind) equivalent of percentage values of the permit volumes. A standardized template for
contractual agreements entered into upon the issuance of PCAs would further help ensure
fairer benefit-sharing for communities. This template should require signing by the artisanal
loggers and representatives of each lineage in the concerned villages, and specify the end-
use of funds collected (Lescuyer et al. 2014b). Community committees should be placed in
charge of monitoring disbursements, and should receive ongoing training to this effect.
100. To formalize the artisanal sector, a number of steps to create incentives could be
taken:
101. Reducing the cost of access to permits would reduce incentives to operate illegally,
and reduce debt levels among legal operators. This should be done in a harmonized fashion
across provinces (Lescuyer et al. 2014a). At the same time, an outreach campaign to
publicize official tax rates to artisanal loggers should be organized (Cerutti et al. 2014). In
addition, the fact that permits are currently issued in provincial capitals combined with the
difficulty of travel in the DRC makes it difficult and costly for putative permit seekers to
obtain their permit. Devolving the authority to issue permits to lower levels of government
could help address this hurdle, though it should be accompanied by appropriate oversight
measures, which also implies that oversight of decentralized procedures by more central
levels of government should still be retained. This could be accomplished by amending
Arrêté No. 11 of 12 April 2007 and restoring the authority of Arrêté No. 35 of 5 October
2006 (Réseau Ressources Naturelles 2013).
102. Turning area-based permits into volume-based ones would facilitate monitoring, as
it is easier to monitor roads than forest plots. The further downstream in the value chain
taxes are levied, the easier control becomes, while also increasing the transparency of
transactions. In fact, giving downstream actors, such as markets, depots, or sawmills part of
the technical and financial responsibility for the formalization of their suppliers, would make
it easier for government to exercise control. This process could be encouraged by providing
incentives (e.g., tax rebates) to enterprises that invest in the formalization of their supply
chain (Cerutti et al. 2014). Rolling the payment of artisanal fees and taxes into the one-stop-
shop approach outlined above would further facilitate payments and transparency.
44
103. At present, there is only one type of artisanal permit, which lumps together semi-
industrial operators with individual loggers seeking only to fell a few trees for their own use
or small-scale sawn wood production. This oversimplifies the resources that different
operators have at their disposal, the impact they have relative to their production volume,
and the concomitant benefits they gain from logging. It would therefore be worth
investigating the possibility of subdividing the artisanal category, and instituting gradually
more stringent requirements as production methods and volumes covered by each category
increase. Thus, very simple management plans could be required of the largest operators
producing the greatest volumes, while small operators would not face such requirements.
Fees and requirements for social contracts could also be staggered progressively. In
addition, liberalizing production methods could increase efficiency, reduce waste, and
increase incomes (Réseau Ressources Naturelles 2013).
104. Requiring artisanal loggers to be members of producers’ associations or cooperatives
would better enable communications and contact with individual producers. This would
facilitate outreach and training, while also potentially improving information on production.
Such associations would require capacity building, and regional representation would need
to be assured (Cerutti et al. 2014). Their attractiveness to putative members could be
increased by enabling them to represent their members’ interests vis-à-vis the authorities
(Schmitt and Belani Masamba 2012), and by seeking to improve the value chains for their
products. In addition, by grouping artisanal loggers in a pre-defined area, synergies between
producers could be exploited, at the same time as facilitating support and control by
authorities. This arrangement, however, would depend on land-use planning processes
being carried out (see below).
105. Furthermore, Article 23 of Arrêté 35 could be revised to allow PCA owners to use
mobile saws. These would improve the quality of sawn wood and make operations easier,
thus creating more value for the operator (Lescuyer et al. 2014b) and reducing waste.
Similarly, incentives for local processing would help add value locally.
Summary of recommendations:
Short-Term Action Long-Term Action
- Clarify the legal authority for issuing
artisanal permits
- Review fee levels for artisanal permits
and decentralize their issuance
- Publicize official tax and fee rates
- Evaluate changing the basis for artisanal
permits from the area harvested to the
volume harvested
- Subdivide the artisanal logging category
to accommodate the varying scales of
production, and institute gradually more
stringent requirements with mounting
volumes
- Limit exports to products of legal origin
- Organize artisanal producers into
associations or cooperatives
45
- Institute a standardized social
responsibility contract for larger
artisanal producers
- Allow the use of mobile saws in artisanal
logging
4.4.4.4. ZoningZoningZoningZoning
106. The absence of a national land use policy and an accompanying inclusive planning
process that could clarify the status of land and natural resource tenure is leading to
increased spatial conflicts among different ministries and between land users. It is thus not
unusual to see overlaps between a forestry concession with a long-term land lease, a
protected area, or a mining concession. Sectoral laws, each with their own jurisdiction over
certain land uses (mining, hydrocarbons, land, fauna, nature conservation, water resources)
organize the management of the state’s estate, and several ministries have corresponding
land allocation plans. This creates uncertainty for potential land users and investors, but
also for communities. As industrial agricultural concessions are increasingly sought, this
problem may intensify (Deininger and Byerlee 2011). Zoning is particularly important for
managing the forest estate given that agricultural intensification, a commonly proposed
solution for decreasing deforestation rates, often does not achieve the desired land sparing
effect, and thus cannot be relied upon to decrease deforestation driven by agricultural
expansion (ref. Carrasco et al. 2014; Ickowitz et al. 2015; Megevand et al. 2013).
107. Zoning can also help conservation goals by determining conservation hotspots,
where to implement infrastructure investments and avoiding intact forest areas, while
leaving peripheral areas open for sustainable use. This was successfully carried out in
Cameroon, where the “permanent forest zone” prohibits conversion to agriculture or
plantations, and which is further divided into protected areas and concessions (WRI 2007).
In a country such as the DRC, whose transportation infrastructure network is among the
worst in Africa, infrastructure expansion is key to development and poverty reduction. Yet it
also poses a threat to the forest resource, as access is closely linked with agricultural
expansion and deforestation. It is clear that not all future deforestation can be prevented.
Instead, efforts must be made to manage it, to reduce biodiversity and carbon loss to a
minimum, and to maximize benefits to local communities (Ickowitz et al. 2015). Land-use
planning is key to achieving these goals.
108. As of 2014, the DRC has a Ministry of Land Use Planning. However, this ministry is
weak, operates without an institutional framework, and does not enjoy high-level
governmental support. Nevertheless, some progress is being made: The ministry is
constructing a land use database with support from the World Resources Institute and
funding from USAID. There is a need to make sectoral laws more coherent with the 2006
constitution (World Bank Group 2014). A macro-zoning process should then balance
competing land use interests, and could be based on the terms of reference for the process
that were developed by the World Bank-supported Forest and Nature Conservation Project.
National-scale forest zoning in DRC has been supported by a National Steering Committee
46
for Forest Zoning since 2009, but no actual activities have taken place to date. Macro-zoning
would have to involve community consultations and free, prior, and informed consent
(FPIC), especially when identifying traditional and customary forest use (Lawson 2014).
109. However, land use planning is a long-term process, and macro zoning would have to
depend on the completion of such a process. Meanwhile, community-based micro-zoning
has been carried out extensively and cost-effectively in the DRC, and a guide for micro-
zoning already exists. Micro-zoning, carried out prospectively, could be continued even
while awaiting national processes so as to reduce land use conflicts at the local level. The
two processes – bottom-up micro-zoning and top-down but consultative macro-zoning –
would eventually need to be harmonized, and priority should be given to micro-zoning
wherever possible so as to take into account pre-existing customary land uses and rights.
However, such processes cannot substitute over the long-run for a coordinated land use
planning process.
Summary of recommendations:
Short-Term Action Long-Term Action
- Continue micro-zoning efforts locally
- Harmonize sectoral laws with the 2006
constitution to facilitate land use
planning
- Commence a macro-zoning process in
pilot areas
- Initiate land use planning, commencing
with pilot areas
5.5.5.5. ConclusionsConclusionsConclusionsConclusions
110. The opportunities for increasing the development contributions of the DRC’s forest
sector are manifold, as outlined above. Reducing informality in the artisanal sector,
increasing revenue generation, and land use planning all provide avenues for doing so.
However, recent experience suggests that, as long as forest issues don’t receive higher
political priority, general forest governance will not improve significantly. Many of the
reforms outlined above will require substantial political will from the highest levels of
government, or else they will create at best partial results.
111. Similarly, the forest administration in its current state is not able to ensure proper
oversight of the sector, and will need continued, substantial capacity building to exercise its
role. However, without the aforementioned direction from higher echelons of power, such
efforts are likely to be limited in their effectiveness.
112. Following the decentralization process, which has transferred substantial revenue
gathering power to the provinces, any future activities in the sector need to closely involve
the provinces, as well as lower decentralized entities. The transparency of the actions at
provincial level is weak, which in part is a result of the similarly weak relationship between
the MECNDD and its decentralized counterparts. While working at both central and
47
decentralized levels adds an additional layer of complexity to an already difficult sector, it
does follow the decentralization course the government has charted. As the country’s
administrative structure moves from 11 to 26 provinces, the support needs of the new
administrations will be substantial.
48
Policy Note 2: Community ForestryPolicy Note 2: Community ForestryPolicy Note 2: Community ForestryPolicy Note 2: Community Forestry
Guillaume Lescuyer, Laurence Boutinot (CIRAD), Paolo Cerutti, Raphael Tsanga (CIFOR)
1.1.1.1. IntroductionIntroductionIntroductionIntroduction
113. Community forestry offers a potential avenue for increasing the revenues of forest
communities. Since the publication of the 2002 Forest Code, and in light of the publication
of Decree 14/018 on community forestry in 2014, the assumption was that the DRC would
follow the model set forth in these legal texts. However, more recently, the MECNDD has
favored an approach that bases itself of decentralized territorial entities instead of
communities. The political process is therefore in flux. This policy note analyzes the
advantages and disadvantages of the two currents to 1) inform the debate such that the
DRC can choose the model that holds most promise for sustainable forest management,
rural income generation, and poverty reduction, and 2) to help manage the risks that either
model presents.
2.2.2.2. BackgBackgBackgBackgrrrround to Community Found to Community Found to Community Found to Community Forestry in the DRCorestry in the DRCorestry in the DRCorestry in the DRC
114. Although the concept of social forestry emerged in the 1970s, it was only truly
incorporated into forestry policies following the Rio de Janeiro summit, notably in the form
of decentralized resources management. Among the Congo Basin countries, Cameroon was
the first to institute and then apply the concept of community forestry, followed by Gabon.
In both countries, at least five years elapsed between the publication of forest codes
ratifying this innovative form of resource management and the first steps being taken to
implement it through pilot projects financed by the international community. The DRC is
now following a similar path, with the Forest Code (Law no. 011/2002 of August 29, 2002)
having been complemented in August 2014 by Decree 14/018, which defines the rules for
granting local community forest concessions. During this period, several projects were
conducted to launch pilot initiatives for community forestry. These include, among others:
• The Belgian-funded Forcom Project (carried out by the Food and Agriculture
Organization, FAO), which drafted implementing provisions and launched several
pilot experiments;
• The Forcol Project (carried out by Forests Monitor, with British funding), which
drafted implementing provisions, staged a major campaign designed to involve local
communities in the process, and launched a number of participatory mapping
initiatives;
• A Dutch-funded project by the Tropenbos Foundation, which examined the role of
community forestry in developing artisanal logging;
• The Makala Project (conducted by CIRAD, with European Union funding), which
drafted Simple Management Plans (SMP) for firewood collected on village lands;
• A Norwegian-funded project led by Océan, which conducted an examination of the
management of customary lands and the potential role of the REDD process.
49
115. These initiatives share a common philosophy of community forestry that aims to
introduce decentralized management of customary lands on the basis of institutions backed
by rules proposed in models of common goods management and that seek to include
communities’ traditional practices. This generic approach to community forestry seeks an
alternative to what is often considered a top-down approach by the state, which consists of
designating and managing “forêts classées” or earmarked for continuous production in the
DRC.
3.3.3.3. Evolution of the Legal and Regulatory Framework for Community FEvolution of the Legal and Regulatory Framework for Community FEvolution of the Legal and Regulatory Framework for Community FEvolution of the Legal and Regulatory Framework for Community Forestryorestryorestryorestry
116. The “local community forest” (LCF) concept is an innovative provision of the 2002
Forest Code. Article 22 stipulates the general terms for obtaining such a forest.23 Articles
111 to 113 stipulate the conditions for the exploitation of such forests, either by the
communities themselves, by artisanal operators, or by outsourcing their exploitation to
third parties under a management contract.
117. Decree 14/018 of August 2, 2014, which defines the rules for granting LCF
concessions, supplements the provisions of the Forest Code. An LCF may be requested by a
local community, defined as a population traditionally organized on the basis of custom and
bound by ties of clan or family solidarity. The Chief of the Sector (or Chiefdom) is required to
identify the members of the applicant community by presenting a list of the families,
lineages, or clans that make up that community. Within the LCF, the community may
request a forest concession, but must first obtain legal personality as a non-profit
organization, a cooperative company, or a local development committee (LDC). Although
the size of local community forest concessions must not exceed 50,000 ha, the community
retains its customary rights to the area not under the LCF and may continue to exercise
them in accordance with the law.
118. However, these forestry regulations do not appear to be fully compatible with two
major pieces of legislation laying down the framework for decentralization in the DRC. First,
in 2006, the Constitution established the provinces as well as four Decentralized Territorial
Entities (DTEs), namely cities, municipalities, sectors, and chiefdoms, all of which have legal
personality. Second, Organic Law no. 08/016 of October 7, 2008 on the composition,
organization, and functioning of the DTEs and their relationship with the state and the
provinces confirmed the relevant articles of the constitution and stipulated their
implementation. However, this law also reiterates that several levels of decentralization
exist in rural areas, with provinces being made up of territories, which are subdivided into
sectors or chiefdoms, which are further subdivided into village groupings, themselves
subdivided into villages. Village groupings and villages are decentralized territorial entities
without legal personality, unlike sectors and chiefdoms, which enjoy free administration and
autonomy to manage their human, economic, financial, and technical resources.
Communities, clans, lineages, and families are not considered legal entities in the DRC.
23 “A local community may, on request, obtain by way of a forest concession all or part of the protected forests
among those forests possessed by virtue of custom.”
50
4.4.4.4. Approaches to the Implementation of Decentralized FApproaches to the Implementation of Decentralized FApproaches to the Implementation of Decentralized FApproaches to the Implementation of Decentralized Forestryorestryorestryorestry
119. From the publication of the Forest Code in 2002 until 2014, there appeared to be
broad consensus on the guiding philosophy for the implementation of LCFs in the DRC,
enshrined in Decree 14/018. However, the MECNDD recently seemed to be aiming for a
different approach to community forestry by embedding it in the DTEs.
120. Thus, there are currently two competing notions of community forestry in the DRC.
On the one hand, LCFs and, more specifically, local community forest concessions may be
requested and managed by a “population traditionally organized on the basis of custom and
bound by ties of clan or family solidarity that form the basis of its internal cohesion” on the
scale of a given farmed tract. However, this community-based definition of local forest
management conflicts with the state-centered trend in community forestry as administered
by the DTEs, in particular at the level of sectors or chiefdoms.
121. How timber resources are exploited is a second variable that will play a major role in
determining the impact of community forestry in the DRC. Three possible choices may
emerge from the ongoing review of Decree no. 035 of October 5, 2006 on forestry: (1) small
artisanal loggers with no land management obligations; (2) medium-sized artisanal loggers
operating under sustainable management constraints; and (3) industrial operators working
with a sustainable forest management objective. In light of current experience in Gabon and
Cameroon, the sustainable management of a 50,000 ha concession seems to be a realistic
option for the industrial exploitation of timber resources.
122. Altogether, three scenarios are envisaged for the implementation of community
forestry in the DRC in the medium term: (1) the implementation of local community forests
in the spirit of the Forest Code and the Community Forestry Decree, concessions for which
would be operated by artisanal loggers; (2) implementation of local community forests in
the spirit of the Forest Code, concessions for which would be operated by an industrial
company within the framework of a forest management plan (FMP); and (3) community
forestry implemented by the DTEs, not local communities. The features of these three
scenarios are shown in more detail in Table 5.
51
Table 5: Scenarios for community forestry in the DRC
Tenure holder Area Governance method Uses Resources
management mode
Links with rural land
development
Scenario 1: LCF
managed by
communities with
artisanal
exploitation
Local community defined by custom
(Constitution Articles 34 and 207;
Land Law Article 388; Forestry Law
Article 22; Decree 14/018); however,
this is not a DTE and has no legal
personality
An LCF has no size limit but
includes a concession of a maximum
area of 50,000 ha, which may be
dedicated to the exploitation of
timber (Decree 14/018)
The LCF is requested by a
customary chief; however, the
concession’s operation requires
a local association or
cooperative committee to be
established with legal personality
Multi-use management of the LCF,
without predominance given to
timber exploitation (RRN document
01/06/15)
SMP applied
throughout the LCF
Uncertain integration of the
achievements of the
communities with an LCF in
rural land planning and
development
Several forest concessions may be
combined (Decree 14/018)
Artisanal logging either by the
community or through legal
operators (Forest Code, Decree
14/018)
Links between community
associations and chiefdoms or
sectors to be worked out and
formalized
Two types of artisanal loggers: (1)
Category 1, with maximum of 50 ha
per year for local needs; (2) Category
2, with maximum 500 ha per year on
the basis of an annual operating plan
Annual operating plans
for Category 2 artisanal
loggers
Scenario 2: LCF
managed by the
communities with
industrial
exploitation
Local community defined by custom
(Constitution Articles 34 and 207;
Land Law Article 388; Forestry Law Article 22; Decree 14/018); however,
this is not a DTE and has no legal
personality
An LCF has no size limit but
includes a concession of a maximum
area of 50,000 ha, which may be
dedicated to the exploitation of timber (Decree 14/018)
The LCF is requested by a
customary chief; however, the
concession’s operation requires
a local association or
cooperative committee to be established with legal
personality
Multi-use management of the LCF,
without predominance given to timber exploitation (RRN document
01/06/15)
SMP applied throughout the LCF
The achievements of the
industrial operators under
community concessions
complement those already
made under industrial concessions (as per their
Terms of Reference)
Several forest concessions may be combined (Decree 14/018)
Industrial logging (as implied by
Article 113 of the Forest Code,
which envisages that “exploitation of the community forests may be
entrusted to a third party by way of a
management contract”)
FMP applying only to
the community
concession
Links between community
associations and chiefdoms or sectors to be worked out and
formalized
52
Scenario 3: LCF
managed by a
DTE with
industrial
exploitation
Sector or chiefdom (Constitution,
Organic Law 08/016) with legal
personality
Large forest area sought for
promoting sustainable development
under industrial exploitation
(without legal basis at present)
The statutes and governance of
sectors or chiefdoms are
stipulated by Organic Law
0/016
Predominance of timber exploitation
under sustainable management FMP
Existence of formal and clear
links between chiefdoms or
sectors and other
policymaking levels
Possibility of merging several LCFs
(Decree 14/018)
These DTEs are still not
operational in the field
Other uses managed either in the
FMP or in the DTE development
plan
DTE development plan
The DTE is the level chosen by the constitution for
managing and developing rural
lands
53
5.5.5.5. Impact Assessment Impact Assessment Impact Assessment Impact Assessment of the Three Sof the Three Sof the Three Sof the Three Scenarioscenarioscenarioscenarios
123. Rapid impact analyses were conducted for these three scenarios for community forestry
implementation in the DRC, drawing on the available scientific and technical literature as well
as on some 15 interviews with key stakeholders. Seven criteria were selected for conducting
this brief impact assessment of community forestry, the outcomes of which are presented
below. Table 6 summarizes these estimates by classifying them into five categories: negative
impact (--), concerning impact (-), neutral or unknown impact (o), favorable impact (+), and
positive impact (++).
Table 6: Summary of impacts of the three community forestry scenarios
Scenario 1 Scenario 2 Scenario 3
Legal soundness (Compatibility with existing legal texts) o - -
State of resources and forest cover (Change in forest cover and
presence of commercial timber species)
+ - o
Revenues from timber exploitation (Direct and indirect revenues
from artisanal or industrial timber exploitation)
+ ++ ++
Revenues from non-timber forest products (NTFP) (Direct and
indirect revenues from NTFPs)
o + +
Ability to cover initial expenses (Ability of local community or
public actors to recover the investment of setting up the formal
management of the forest)
- + +
Social infrastructure (Change in number or quality of dispensaries,
schools, pumps, roads etc.)
-- + ++
Customary institutions (Role of traditional rules and organizations
in formal forest management)
++ + --
124. None of the scenarios appears superior on the basis of the criteria selected. Although
Scenario 1 promotes social forestry embedded in local customs, it does not have a major
impact on either living standards or the state of resources. It is therefore unclear how much
revenue generation it adds. On the other hand, this scenario has a high political and symbolic
value as it formally recognizes the role of communities in rural land use and management. How
it ties in with the decentralization process remains to be clarified.
125. Although Scenario 2 both adds real value to timber resources and provides substantial
revenues for local populations, its implementation requires clarification of the regulations
concerning the type of exploitation envisaged in community forests. In addition, it requires
safeguards to ensure that communities are able to supervise the forestry outsourced to an
industrial operator. It is probably the most practical scenario in the medium term in terms of
poverty reduction as it strengthens the capacities of communities to use their lands and the
revenues they generate.
54
126. Scenario 3 establishes the DTEs as administrators of the community forests, the
management of which supports and fits into the local development plan and the
decentralization process, building social infrastructure. However, this vision of community
forestry would require a modification of the legislation and clarification of the relationships
linking the DTEs and customary institutions.
6.6.6.6. Recommendations for Maximizing Gains and Minimizing RiRecommendations for Maximizing Gains and Minimizing RiRecommendations for Maximizing Gains and Minimizing RiRecommendations for Maximizing Gains and Minimizing Riskssksskssks
127. In the absence of an optimal scenario for the implementation of community forestry,
this section reviews the outcomes expected in the short to medium term and presents a
number of recommendations for maximizing the benefits and reducing the risks inherent under
each regime.
Scenario 1: Artisanal EScenario 1: Artisanal EScenario 1: Artisanal EScenario 1: Artisanal Exploitation of Local Community Forestsxploitation of Local Community Forestsxploitation of Local Community Forestsxploitation of Local Community Forests
128. Under Scenario 1, the development of community forests follows the community-based
approach that has guided most projects in the past decade. However, it overlooks – at least in
the short term – how community forestry fits into the formal decentralization process.
Expected Outcomes
- Over the next five years, approximately ten communities will have acquired and be
managing LCFs according to a Simple Management Plan (SMP);
- They will be supported by international donors;
- A large area of these forests will be dedicated to logging, with contracts to this end signed
with artisanal operators, who may nevertheless encounter difficulties with obtaining legal
permits;
- The establishment of community associations or cooperatives will attract other donors
wishing to support rural development projects at the village or community level; and
- The SMP will probably pave the way for improved organization of some activities within
the community, such as gathering NTFPs or protecting some ecosystem services.
Risks
- Legal vulnerability of community associations in owning and managing protected forest
areas;
- Weak integration of community forests or the activities they enable in rural land
development at the sector or chiefdom level;
- Weak capability of communities for producing an SMP and managing 50,000 ha;
- Risk of weak oversight by the community of the numerous artisanal operators required
for the annual exploitation of the area; and
- Large tracts of the forestry concession may be too difficult to access to be exploited
without industrial means.
55
Technical Recommendations (Short Term)
- Publish the decree setting forth the conditions for the management of LCFs;
- Study the costs of implementing the LCFs and propose simplification measures;
- Continue pilot experiments building on existing initiatives, work out a formal framework
for the SMP, and insert into the SMP a test for financial feasibility;
- Draw up a model outsourcing contract for artisanal logging in the LCFs consistent with the
terms of reference or the management plan for artisanal operators; and
- Strengthen the technical, legal, and commercial capacities of communities for oversight
of forestry activities.
Policy recommendations (Long Term)
- Clarify the relationship between the associations in charge of the LCF concessions and the
DTEs. Rather than community-based management, a village or village grouping, both of
which are DTEs but without legal personality, could conceivably form an association,
cooperative, or rural agricultural management committee with the aim of obtaining legal
personality so that they may request and operate a community concession;
- Monitor the socioeconomic impact of LCFs in the villages concerned, in particular the
distribution of revenues and profits;
- Monitor the ecological impact of logging in LCFs; and
- Enable communities to access financing to better cover the costs of setting up and
monitoring LCFs.
ScenarioScenarioScenarioScenario 2: Industrial Exploitation of Community F2: Industrial Exploitation of Community F2: Industrial Exploitation of Community F2: Industrial Exploitation of Community Forestsorestsorestsorests
129. Scenario 2 rests on the assumption that industrial exploitation in the LCFs under a
sustainable management constraint is feasible. However, it requires clarification of regulations
regarding the possibility of this mode of exploitation and consideration of how the
management of these community concessions fits into the development of areas under DTE
administration.
Expected Outcomes
- Over the next five years, a number of community concessions will test the outsourcing of
timber exploitation to industrial companies within the context of an FMP. These initiatives
will be supported by international donors;
- The exploitation of a sizeable forest area by a single operator will maximize community
benefits – whether financial or in kind –, reduce transaction costs, and secure revenues
over the long term; and
- The establishment of community associations or cooperatives will attract other donors
aiming to support rural development projects at the village or community level.
56
Risks
- Industrial exploitation may not be legally recognized as an option for the use of timber
resources in the LCFs;
- Weak oversight of industrial operating practices by communities in their concessions due
to insufficient technical capacities or a balance of power that is unfavorable for the
communities;
- Community leaders may fail to use revenues from the industrial exploitation of timber for
the benefit of collective well-being; and
- Industrial logging in the community concession may open up feeder roads conducive to
the illegal expansion of agricultural and hunting practices.
Technical Recommendations (Short Term)
- Introduce in the regulations currently being drafted the possibility of industrial timber
exploitation in the community concessions;
- Strengthen the supervision capacities of local communities in collaboration with the
forest administration; and
- Draw up a model outsourcing contract between a community and an industrial operator
with the aim of exploiting the timber resources of the community concession under
sustainable management;
- Ensure transparency of benefit-sharing schemes for the distribution of revenues and
profits from timber production.
Policy Recommendations (Long Term)
- Clarify the relationship between the associations in charge of local community forest
concessions and the DTEs. Clarify the links between the SMP and FMP of the LCF on the
one hand, and the development plan of the DTE on the other;
- Monitor the socioeconomic impact of LCFs; and
- Monitor the ecological impact of logging in the LCFs.
ScenarioScenarioScenarioScenario 3: Creation of forests under Decentralized Territorial Entities3: Creation of forests under Decentralized Territorial Entities3: Creation of forests under Decentralized Territorial Entities3: Creation of forests under Decentralized Territorial Entities
130. Under Scenario 3, DTE forests replace local community forests.
Expected Outcomes
- Over the next five years, no DTE forest will become operational;
- Future DTE forests will be dedicated to logging, operate under sustainable management,
and be granted to industrial companies, which will generate royalties, some social
infrastructure, and jobs at the level of the DTE; and
- The FMP will have become an important component of rural land management and
development.
57
Risks
- Obstacles to the creation of this new form of forest in the revision of regulations;
- Weak capacity of DTEs to produce an FMP and manage a large forest area;
- Unequal contracts between DTEs and logging operators;
- Competition in the forest area with the concessions granted by the state;
- Few direct benefits from industrial logging for neighboring communities; and
- Industrial logging in the community concession may open up feeder roads conducive to
the illegal expansion of agricultural and hunting practices.
Technical Recommendations (Short Term)
- Take advantage of the review of the Forest Code in order to create DTE forests;
- Support capacity building among the DTEs for the management of their lands; and
- Draw up a model outsourcing contract for logging in the DTEs;
- Ensure transparency of benefit-sharing schemes for the distribution of revenues from
timber production.
Policy Recommendations (Long Term)
- Clarify the links between DTE forest management and land development;
- Monitor the ecological impact of industrial logging in DTE forests; and
- Monitor the distribution of profits generated by timber production at the level of sectors
or chiefdoms.
7.7.7.7. ConclusionConclusionConclusionConclusion
131. Community forestry in the DRC has been in deadlock in recent months. On one side of
the debate are actors who see this regime as a major opportunity to give greater legitimacy in
the land planning process to communities, their interests, their knowledge, and their views. On
the other side are proponents of formal decentralization, who favor DTEs, which are supposed
to shoulder this process and operate in the collective interest. There is now a pressing need to
bring these stakeholder groups together to reconcile their views. A discussion workshop
conducted by the MECNDD could be organized to flesh out points of view, weigh the
advantages and disadvantages of the various approaches, and evaluate trade-offs. Several
international donors are willing to support such an initiative. The overriding principles in the
selection of a suitable model should be its potential for poverty reduction, the empowerment
of the rural population, the minimization of social conflict, and the ability to implement
sustainable forest management practices.
132. Regardless of which concept – or concepts – of community forestry the DRC eventually
selects and implements, it would be useful to subsequently test them in a number of pilot sites.
If community forestry is to be managed by communities, as in the case of several initiatives by
58
past projects, it would be practical to build on these previous efforts. Selecting sites in the
humid forest would make it possible to test both options for timber exploitation. However, if
community forestry is to be implemented by the DTEs, the selection of pilot sectors or
chiefdoms could be guided by the presence of industrial operators involved in the planning of
their forest concessions.
133. In all three scenarios described above, support will need to be provided to the
administrators of the community forests, in particular to strengthen the capacities of the
managers and of those responsible for oversight. However, as witnessed in Cameroon, there
exists a significant risk that this one-off support for kick-starting community forestry may
morph into essential support for the day-to-day running of community forests. A major long-
term challenge is therefore for community forests to become viable and profitable without
external subsidies. This should take place within a time frame over which external support can
be reasonably provided, and will require building business models in which a portion of the
revenues is used to implement and oversee established rules.
Summary of recommendations:
Short-Term Action Long-Term Action
- Develop overriding policy goals for
decentralized forestry
- Organize an inclusive discussion to
reconcile the views of proponents
favoring forestry approaches based on
decentralized territorial entities and those
favoring communities as a basis
- Select one or several approaches to
decentralized forestry
- Test the approach(es) chosen in pilot
sites
59
Policy Note 3: Illegal LoggingPolicy Note 3: Illegal LoggingPolicy Note 3: Illegal LoggingPolicy Note 3: Illegal Logging
Laurent Valiergue (World Bank)
1.1.1.1. Illegal Illegal Illegal Illegal LoggingLoggingLoggingLogging
134. As identified in the overview chapter, the vast majority of logging in the DRC is
unregulated and/or illegal. This policy note seeks to prioritize government action to reduce
illegality.
135. Article 7 of the 2002 Forest Code stipulates that logging includes “activities consisting
specifically of felling, hewing, and transporting timber or any timber products as well as
harvesting other forest products for economic gain.” Illegal logging includes all forest activities
that run counter to the law and its implementing decrees.
136. An analysis of the legal framework is imperative for identifying key issues and priorities
in the fight against illegal logging. A brief summary of this framework is presented below (Table
7). Its primary intent is to present the classification of the different types of forests in the DRC
along with the conditions for their exploitation.
137. The DRC’s Forest Code distinguishes three types of forests: Classified forests, protected
forests, and permanent production forests. While classified and protected24 forests can carry
burdensome and varied usage rights mainly for domestic needs, only protected forests and
permanent production forests can be used for commercial felling. Commercial felling is
organized into three distinct types of logging permits: Ordinary logging permits, carbonization
and firewood permits, and artisanal logging permits.
Table 7: The legal framework on forests
Law N°011-2002 of August 29, 2002 on the Forest Code
Classified Forests
Art.10 to 19
of the Forest Code
Protected Forests
Art.10 and 20 to 22 of the Forest Code
Permanent Production Forests
Art.10 and 23 of the Forest Code
Restrictive Legal Regime Forest not officially classified
Forests taken from protected forests following a public
inquiry to grant concessions, or forests that, following a
public inquiry, are intended to be placed on the market
Such forests are subject to the rules of use provided by
Law No. 011-2002 of August 29, 2002 on the Forest Code
Logging concessions
allocated to local
communities
Implementation Decree no.
14/018 of August 2, 2014
Other logging concessions
24 Protected forests are neither classified nor designated as permanent production forests. They are therefore
considered to be domaniales, i.e., belong to the state domain.
60
setting the terms for
allocating logging
concessions to local
communities
Art. 39 of the Forest
Code
Ministerial Decree N° 035/CAB/MIN/ECF-EF/2006 of October 5, 2006 on logging
Supplemented by
Ministerial Decree N° 105/CAB/MIN/ECN-T/15/JEB/009 of June 17, 2009
Classified Forests Usage Permits
Protected Forests Permanent Production Forests
Usage rights for collecting dead wood,
harvesting wood for the construction of dwellings
and for artisanal use,
Logging Permit
Artisanal Logging Permit
Art. 8 of Ministerial Decree No. 035: Authorized individuals in local community forests.
Carbonization and Firewood Permits
Art. 9 of Ministerial Decree No. 035: Any DCR citizen who is member of a local community
Ordinary Logging Permit
Art. 7 of Ministerial Decree No. 035:
Industrial operators for timber harvesting in accordance with the provisions of the land use plan
Art.19 Implementing Decree N° 14/018 of August 2, 2014 implies that ordinary logging permits also apply to local
communities with concession grants
Harvesting Permit
Art. 10 of Ministerial Decree No. 035: Any DRC citizen harvesting NTFPs
Art. 11 of Ministerial Decree No. 035: The provisions of Art. 10 do not apply to local
communities harvesting NTFPs for domestic needs
Concession holders are not authorized to harvest NTFPs
Special Permits
Art. 12 of Ministerial Decree No. 035
distinguishes two types of special permits:
Logging permits for protected timber species
Special harvesting permits for protected NTFPs
Usage Permit for Private Woodland
Art. 21 of Ministerial Decree No. 035: A permit must be obtained before any exploitation of private woodland or forest products resulting from private planting can take place
138. The legal and regulatory framework contains all of the necessary provisions for the
sustainable management of forest ecosystems. Specifically, it details all of the terms for
granting logging and harvesting permits, monitoring logging activities, and applying penalties in
the case of offenses or crimes committed against the environment. Nevertheless, there is room
for improvement. For one, the legal and regulatory framework is still only partially
implemented. To wit, 99.2% of the DRC’s timber is harvested informally and thus illegally, as no
logging permits are granted upstream. While corruption likely accounts for a significant portion
of the failure of timber monitoring, a lack of human and financial resources is the main cause of
that failure – a near inevitability in a country as vast as the DRC, with annual timber harvesting
of the order of 34 million m3. Given these circumstances, applying the legal and regulatory
framework nationwide and to all types of forests and forest products cannot succeed for the
foreseeable future as it would automatically result in the watering down of already very modest
available resources, thus reducing them to the point of insignificance. Although the fight against
illegal logging must be built from the ground up, this must be done step by step by identifying
priorities and ensuring that the means for their implementation are in place. Scope for progress
is vast, with multiple areas ripe for improvement. In this context, the fight against illegal
exploitation should consist of consolidating a monitoring system before planning the next step.
61
2.2.2.2. ShortShortShortShort----Term Term Term Term PrioritiPrioritiPrioritiPrioritieseseses for Monitoring Forest Products for Monitoring Forest Products for Monitoring Forest Products for Monitoring Forest Products
139. Given the DRC’s size and lack of resources, systematic monitoring of logging activities at
the local level remains beyond reach in the short term. Monitoring operations themselves
would need to be inspected to ensure their proper execution and the integrity of the agents
who conduct them. This would require considerable human resources capable of covering the
national territory, a personnel the DRC cannot deploy at present. In addition, it should be noted
that the local consumption of forestry products—including NTFPs—plays an important role in
meeting the vital needs of rural, often disadvantaged, populations.
140. For cost-effectiveness purposes, it would be reasonable to first focus on forestry
products being transported along the major land and river arteries of the country. These
products and their transportation costs are generally subject to margins that increase in
proportion to the distance between production site and place of consumption. As taxing these
products could finance a timber tracking system, the DRC should give priority to controlling
forest products with the highest margins (i.e., products destined for export) while ensuring that
artisanal production is oriented toward legal operations to reduce market distortions (see
Chapter 1).
141. Finally, if the DRC opts, as proposed, to develop a timber tracking system in stages, it
would be judicious to start with the forestry products with the smallest volumes, which in this
case again are products destined for export. Once mastered, the tracking system could be
expanded to other categories of products.
142. The short-term focus on certain categories of forestry products does not prevent the
decentralized services of the MECNDD from pursuing their judicial monitoring plan in the
provinces to its fullest extent, including recording all infractions.
143. On this basis, and taking into consideration the figure below, which sorts forestry
products by two categories (volumes harvested and type of trade), an initial ranking of the
possible elements of control is proposed as follows:
• Priority 1: Roundwood and sawn timber for export
• Priority 2: Sawn timber for the domestic market
• Priority 3: Coal and firewood for trade at the regional level
• Priority 4: Forest products other than NTFPs (charcoal, firewood, sawn timber) for trade
at the local level
• Priority 5: Forest products other than NTFPs for own consumption at the local level
• Priority 6: NTFPs for own consumption at the local level
62
3.3.3.3. Monitoring StrategiesMonitoring StrategiesMonitoring StrategiesMonitoring Strategies
144. The monitoring strategies developed in this section are limited to Priorities 1 to 3, as
identified above:
Priority 1: Roundwood and Sawn Timber for Export
145. Given the requirements of Western markets, the credibility of a tracking system for
export products is of particular importance. Were it to fail, the country would deprive itself of
growth in an industry likely to contribute to its GDP, not to mention job opportunities.
Regrettably, the DRC today is known on international markets for its illegal operations. In part
as a result of this, export volumes have fallen to 0.25 million m3 per year, and margins are low.
This is in part the result of allowing the combined export of illegally exploited products (with
fines paid if at all, after the illegal activity has been discovered) and timber from sustainably
managed forests. Being concerned with their image, Western buyers are unable to tell the
wheat from the chaff and thus turn away from DRC products. As a result, the DRC must limit
the export of forest products to only timber of legal origin (irrespective of the sub-sector from
which it comes).
Priority 2: Sawn Timber for the Domestic Market
146. Sawn timber for the domestic market must come from protected forests with artisanal
logging permits, or sustainably managed permanent production forests with ordinary logging
permits. However, at present, almost all of the timber leaving protected forests is produced
without logging permits, or with permits based on faulty allocation terms. This implies that a
significant effort must be made to systematically grant logging permits in line with current laws
and regulation.
147. Rough timber to be hewn as well as loads leaving the mills can be monitored while being
transported on the road and river network, as is currently the case. However, a short-term
CONSUMPTION/COMMERCIALIZATION
HA
RV
EST
ING
INTERNATIONAL LOCAL REGIONAL/NATIONAL
Charcoal
Firewood
(28 M m3)
NTFP
Sawed timber
(5.39 M m3)
Roundwood
(0.1 M m3)
63
alternative could be to focus monitoring activities on the few operating processing units. An
alternative could be to transfer the responsibility for monitoring legal timber to the sawmill
operators and/or markets by penalizing them for any use of illegal timber. Such a system could
be implemented in stages, beginning with sawing operations and/or markets handling more
than a certain volume of raw timber per year25, and then expanding to all operators
nationwide. The mission of the DCVI of the MECNDD would then be reviewed and limited to the
inspection of primary processing units and/or markets and to auditing their monitoring
procedures (See Policy Note 1 for other proposed solutions, particularly in the artisanal sector)
Priority 3: Charcoal and Firewood for Trade at the Regional Level
148. Charcoal and firewood represent around 84% of the annual harvest. Monitoring the
legal origins of such wood can only be done gradually. An initial step could be to seek to control
only the Kinshasa supply basin, focusing particularly on the production area of the Mai Ndombe
Province, which falls under the Emission Reductions Program examined by the Carbon Fund of
the Forest Carbon Partnership Facility (FCPF).
4.4.4.4. Lessons Learned from the TiLessons Learned from the TiLessons Learned from the TiLessons Learned from the Timber Production Monitoring and mber Production Monitoring and mber Production Monitoring and mber Production Monitoring and
Commercialization Program (PCPCB)Commercialization Program (PCPCB)Commercialization Program (PCPCB)Commercialization Program (PCPCB)
149. Inter-ministerial Decrees No. 001/CAB/MIN/ECN-T/15/BNME/2012 and
615/CAB/MIN/FINANCES/15/2012 of December 5, 2012 established the PCPCB and specified
the terms of its implementation. The PCPCB monitors both raw timber and sawn wood from
artisanal and ordinary logging permits. However, the scope of the PCPCB does not extend to
logging permits for firewood or charcoal making.
150. All operators in the sub-sector are required to use the MECNDD’s Computerized
Forestry Management System (SIGEF). This system automates the regulatory processing of
information concerning the operation and management of the sub-sector. To facilitate
monitoring operations, companies holding forest resource licenses are required to identify any
timber leaving the forest as soon as it is cut by affixing a barcode. Processing companies are
also required to apply this labeling to their product.
151. Implementation of the PCPCB was entrusted to a contractor on January 20, 2010
through a contract funded by the Forest and Nature Conservation Project (FNCP).26 This
contract required the service provider to ensure deployment of the SIGEF, including hosting and
maintaining the HELVETA software upstream and providing training to sub-sector actors and
the MECNDD downstream. The provider was also expected to sell barcode labels, proceeds
from which were to fund the PCPCB. This contract was amended several times as revenues
25 An alternative could be to monitor all sawmill operators in a number of pilot areas (Kinshasa, large regional cities,
etc.). 26 World Bank Project, with IDA Funding.
64
from label sales proved insufficient to cover costs. In April 2014, when the FNCP no longer had
the resources to cover the PCPCB’s deficits, the MECNDD then committed to picking up the
financial slack in a further amendment on July 1, 2014. This amendment was never
implemented, and the PCPCB finally collapsed on August 21, 2014.27
152. Afterwards, the FNCP focused on mitigating the consequences of this collapse and to
maintain a modicum of control over illegal logging. Funding of USD 600,000 was allocated from
the annual budget to reinforce the Department of Control and Internal Verification’s (DCVI)
monitoring missions for activities extending to June 2015, the FNCP’s closing date. As of July 1,
2015, the DCVI’s missions were interrupted as a result of a lack of resources.
153. Although the inadequacy of revenues from the sale of barcode labels was at the source
of the collapse of the PCPCB, these revenues could have been significantly enhanced. In fact,
concession operators did not all initially support the PCPCB, thereby slowing its build-up and
making it impossible to achieve a balanced budget within the required time (the lifespan of the
FNCP). In addition, the SIGEF platform and its HELVETA software malfunctioned repeatedly, at
times making their use impossible. Moreover, with no way of distinguishing sustainably grown
raw timber for export, the flat price of the rough lumber labels, which the Fédération
Industrielle des Bois (FIB) deemed too high, was much less of an incentive than had been
expected. In addition, staffing control posts only during the day encouraged many carriers to
work at night in order to avoid the controls. Finally, lumber seized in successful monitoring
operations was not sold at auction to raise additional funds.
5.5.5.5. ProposalsProposalsProposalsProposals for for for for TrackingTrackingTrackingTracking Legal WoodLegal WoodLegal WoodLegal Wood
154. The following proposals concern the priority product categories identified above:
•••• Roundwood and sawn timber from sustainable forestry concessions for export;
•••• Sawn, un-barked logs for the domestic market, initially limited to the largest processing
units; and
•••• Firewood and charcoal from the future Maï Ndombe Province.
155. Once it is successfully implemented in this area, tracking can be deployed more broadly.
However, unless it is successful on a small scale, progress at the national level will be elusive.
There are two options for implementing the tracking of legal lumber within this restricted area:
156. The authorities can conduct such an operation while retaining all of their sovereign
missions. This will require major awareness-raising and training efforts on the part of both
27 In brief, a change in strategic orientation occurred on July 1, 2014 as the Government expressed the desire to use
the services of the Congolese Monitoring Agency (OCC) rather than those of SGS to make the PCPCB operational.
On this new basis, the Government would no longer honor the terms of the July 1, 2014 amendment, which had
just been signed with SGS.
65
MECNDD staff and the authorities for better application of the legal and regulatory framework.
Special attention will need to be paid to issuing logging permits. Significant investments
(particularly in control posts) will also be essential. Substantial financial support from the
international community will be a prerequisite. While capacity building results and government
ownership could be substantial, the risk of fraud will remain high given the civil service salaries.
157. The second option is a delegated management contract that would transfer all or part of
the timber tracking missions to an independent third party. Conceptually, this approach is far
removed from the previous PCPCB contract, which was simply a contract for service provision.
In this case, the assignee would not only bear the costs of operations and current upkeep but
also of investments (including control posts, SIGEF, etc.) and would be compensated based on
payment of a tax paid by users, including exporters, sawmill operators, and charcoal carriers
levied on the basis of every cubic meter or ton tracked. The tax could also financially support
the sovereign missions of the DCVI. This option would be more transparent and could more
easily benefit from outside expertise, however it may be viewed critically given the history of
the PCPCB.
158. As the operating risks in the DRC are high, it is possible that the international
community may have to make special efforts to support part of the investment to make the call
for proposals more attractive, and is probably a prerequisite for the DRC’s capacity to identify
potential operators. However, how such an option performs will also depend on the quality of
the contractual arrangements made and on the fair compensation of the assignee. This is one
of the lessons learned from the PCPCB. In addition to technical qualifications, the criterion for
selecting the assignee would be the compensation level the assignee proposes to bill the users,
with the lowest compensation being favored. When preparing their bids, applicants for the
delegated management contract would need to have volume estimates for each of the
categories of forestry products to be monitored, which will strongly influence the level of
investment required.
159. Timber seized by the DCVI should be sold at auction or by submission of sealed bids. The
lack of such a system seriously impaired the effectiveness of the PCPCB, as seized lumber, given
a lack of provision for its utilization, became part of the illegal timber trade after its seizure. The
auctions would be intended for national sawmill operators for domestic use of final products.
No seized timber could be exported in any form whatsoever so as to protect the reputation of
regular timber exports.
66
Table 8: Forest product categories to be monitored
Forestry Product Categories to Be Monitored
Roundwood and sawn
timber from sustainable
forestry concessions for
export
Sawn, un-barked logs for
the domestic market,
initially limited to the
largest processing units
Firewood and charcoal
from the future Mai
Ndombe Province
Investments in the river
and road network
Control post(s) at Matadi Option A: Controls on the
river and road network
Control post construction
Construction of a control
post at Mushie, at the
confluence of the Kasai
and Fimi rivers
Construction of 2-3 road
control posts, one of
which on National
Highway 1
Other Investments Implementation of a
PCPCB (including SIGEF)
for the international
market
Implementation of a
PCPCB (including SIGEF)
for the domestic market
in selected intervention
areas
Option B: Controls at
processing units and/or
markets
Local offices
Basis for cost recovery m3/exporter Option A: m3/carrier
Option B: m3/sawmill
operator/market
Tons/Carrier
160. Training and awareness-raising regarding the proper application of the legal and
regulatory framework would complete this commitment, with the particular objective of
increasing the rate of issuance of legitimate logging permits. Legal assistance will likely be
needed for adjusting the legal and regulatory framework to authorize certain new provisions,
including the possibility of selling seized timber.
6.6.6.6. ConclusionConclusionConclusionConclusion
161. Only the most basic application of what is a reasonably sound regulatory framework
currently takes place in DRC. Any response that seeks to control illegal logging must carefully
prioritize its actions. Focusing on controlling major transport axes would be a start. The control
of export products should be prioritized, as they have the highest margins. Meanwhile, artisanal
production needs to be nudged toward legality, which could be partially achieved by controlling
legality at sawmills. Charcoal could be checked along major transport axes as well. A renewed
PCPCB is fathomable provided significant design improvements, and should limit itself to a
restricted pilot area and products before scaling up. It would need to be implemented through
a competitively tendered delegated management contract.
67
Summary of recommendations:
Short Term Long-Term
- Limit exports to products of legal origin
- Improve the granting of logging permits
- Institute control of legality of fuel wood to
processing units and major transport axes in
a pilot area
- Develop a timber tracking system in a pilot
area
- Apply lessons from pilot areas and
increase the scope of control
68
ConclusionConclusionConclusionConclusion
162. The DRC’s forests constitute one of the country’s greatest assets. They are the source of
livelihoods, energy, building materials, export earnings, ecosystem services, and cultural value,
among others. Their economic contribution to the country’s GDP is significant, even when
estimated conservatively.
163. However, this resource is not only declining rapidly, but is doing so without a view to
maximizing its development returns. The DRC’s forest sector is in dire need of reform. Absent
significant changes, the current trend of relatively high deforestation and degradation will
further accelerate, and its contributions to poverty reduction will not increase appreciably.
164. No single initiative or actor can stem this tide in the short term. This compendium, while
not pretending to hold a comprehensive solution to the sector’s manifold challenges, proposes
a suite of approaches to address some priority strategic issues.
165. Moratorium: While the moratorium on attributing new forest concessions attracts
significant political attention, the decision of whether or not to lift it should be taken in the
context of the overall sustainability and economic contribution of the forest sector. Following a
legal assessment of the conditions of lifting the moratorium, any such decision should therefore
be informed by a sound socio-economic rationale, and, in the event that a decision to lift it
should be taken, it should be accompanied by a clear and credible plan for ensuring that
resulting forest exploitation can be sustainably implemented and will benefit both local
populations and government entities.
166. Revenue generation: Simplifying the tax regime and broadening its basis, alongside
greater transparency of revenues collection at all levels would go a long way toward improving
revenue collection. The political sensitivity of such an undertaking would be considerable,
however, and the implementation challenge would be commensurate. Rebalancing the
MECNDD’s staffing structure to include more enforcement officers on the ground, and
empowering those staff key in implementing such a plan. Placing revenue collection points
downstream in the value chain could help to do so cost-effectively. In the longer term, the
feasibility of reforming the financing and incentive structure of forest oversight services could
be evaluated with a view to achieving greater independence from political processes and
structures.
167. Artisanal logging: Increasing the incentives for more sustainable management and
joining the formal artisanal space need to be key reforms in a sector that is currently
responsible for by far the largest portion of timber production. Rethinking how artisanal
permits are issued, as well as their types, would better respond to the reality of artisanal
operations, which often include semi-industrial actors. However this is advisable only if
69
increased control can be ensured. Instead of seeking to control a highly decentralized
production sector, control points for legality and tax collection should be placed as far
downstream in the value chain as possible. Simultaneously, incentives could be provided by
organizing the sector.
168. Zoning: Land use planning could optimize productivity as competition for land,
especially from larger land interests, increases. As pressure on the DRC’s forests will increase
with time, it is crucial that a coordinated process be adopted whereby promising areas of
production and conservation can be designated. This is also important as the country ponders
its options for community, artisanal, and industrial forestry, since the allocation for each should
be optimized alongside competing sectors. This process needs to be led at high levels, as it
involves all land-using sectors. The ministry of land use planning is currently not in a position to
provide such leadership. Micro- and macro-zoning in forest areas can fill temporary gaps and
clarify land use at local levels, however they are not strategic enough to be able to do so over
the longer term.
169. Illegal logging could be curbed for certain timber categories and in certain areas by
operating an improved version of the PCPCB. There currently is no alternative to such a system,
and although it has its risks, learning from past failure could mitigate the risks that torpedoed a
previous attempt. However, such a system can only be expected to work within a ministry that
sees a genuine interest in curbing illegal logging, and would need to have buy-in from higher
political levels.
170. Community forestry holds the potential to leverage forest resources for poverty
reduction. The DRC will need to decide which of two currently proposed models it wishes to
follow. Its priority in taking this decision should lie with maximizing returns to local populations,
ensuring sustainable forest management, and mitigating conflicts over land use rights. If
implemented, the DRC’s low-capacity context implies that strong, long-term support for
safeguards needs to be ensured so that the flow of benefits to local populations can be
ensured.
171. For the suggested reforms to achieve the desired impact, it would be helpful if the
highest levels of government attributed greater importance to the sector. Commensurate
investments in the forest administration’s resources and capacity, and improved collaboration
between the various levels of government can further drive progress. The international
community’s support will be important to provide the necessary financing in a resource-
constrained environment, but this must be accompanied by governance improvements before
it can have its desired effect.
70
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